IIM Udaipur Moves High Court Against Lok Adalat Order Directing Fee Refund To Student Who Withdrew After Cut-Off Date, Stay Granted
In a civil writ petition filed by Indian Institute of Management (IIM) Udaipur, the Rajasthan High Court has stayed an order of the Permanent Lok Adalat, Ajmer directing the institution to refund the fees of a student who had withdrawn his admission after the cut-off date stipulated for refund of fee.The respondent had taken admission in the institute, however, after getting an offer from...
In a civil writ petition filed by Indian Institute of Management (IIM) Udaipur, the Rajasthan High Court has stayed an order of the Permanent Lok Adalat, Ajmer directing the institution to refund the fees of a student who had withdrawn his admission after the cut-off date stipulated for refund of fee.
The respondent had taken admission in the institute, however, after getting an offer from another institute, the admission was withdrawn by him claiming refund of the fees deposited with IIM Udaipur. When the same was not done, an application was filed by the respondent against IIM Udaipur before the Permanent Lok Adalat, Ajmer seeking refund of the fees paid.
A reply was filed by the institute in which it was argued that the admission was withdrawn by the petition after the cut-off date for refunding the admission fees, hence, no amount could be refunded to him. Furthermore, the institute also challenged the territorial jurisdiction of the Lok Adalat since the institute was in Udaipur and at the time of taking admission, an undertaking was signed by the respondent agreeing that in case of any dispute, courts at Udaipur would have jurisdiction.
The Lok Adalat passed an order in favour of the respondent, directing IIM Udaipur to refund the amount to the respondent along with interest. Aggrieved by this order, a civil writ petition was preferred by the institute.
Counsel for the institute argued that the admission was withdrawn after the cut-off date for refund of fee and the seat which was offered to the respondent remained vacant for the complete year on which no other student was admitted.
After hearing the parties, the the bench of Justice Rekha Borana granted stay on the effect, operation and execution of the order of the Lok Adalat.
Appearance for petitioners: Mr Shreyansh Mardia, Ms. Apeksha Lodha
Title: Indian Institute of Management Udaipur v Harshit Yadav