My ward Amit Kumar Giri took admission in the Army Institute of Law,Mohali on 2nd July,2015.
2. All his original certificates were taken clearly violating the UGC rule of non-submission of original certificates at the time of admission in any professional course.
3. He fell ill and his treatment was going on in Command Hospital and Base hospital Lucknow from 19th July to 1st October 2015 and we were in constant touch with the college informing them regularly about his condition.
4. After his treatment when he joined the institute back on 4th October 2015,the college authorities told him that he was exempted from the 1st semester examinations due to short of attendance.
5. We requested them and produced all the medical documents they asked for but even then they didn't allowed him from giving the semester examinations for a reason which is beyond the control of any individual as health problem.
6. Then my son came back and we asked them to refund the fees and return the original documents but were shocked to get no response from them for about 3 months.We told them to bring all our certificates and initiate the refund and my son will go there and collect it but they did not responded.
7. On 9th February 2016,my son went back only for a week and gave them the application by hand to the Registrar.But again they delayed in bringing back the original certificates and took about a month to give all his certificates back despite our efforts.
8. Then they filled up the no due form all by their own without taking my son into knowledge and without my son's signature which is illegal,they refunded the fees according to their choice.
9. When my son questioned them,they said that our one seat had left vacant and so we will retain his fees refunding only Rs. 72009 from the total amount of Rs.153255.There seat left vacant due to their fault as we requested them to allow him to sit in the examinations on medical ground but they didn't allowed not even thinking of the medical problem.
10. The college authorities are also harassing my son physically and mentally and the Registrar even threatened him that he will call the police if my son didn't vacate the hostel according to them.My son and we are suffering the mental trauma given by the college authorities and I fear that my son don't take any step that would left his parents alone and regretful all the life just because of the college authorities.
Can my son give all ten exams of both semester if court approves ?
What should I do now ?
Asked in Civil Law from Lucknow, Uttar Pradesh
If your son voluntarily withdrew his studentship from the college and he has been given TC then where is the ground for him to file a writ before high court seeking permission to appear for the semester examination which the college did not allow him to write?
However, based on the medical reports/documents, you may file a writ before high court after obtaining a refusal letter from the college authorities and seek the relief as well as justice against the arrogance and unruly behavior of the college authorities
This is arbitrary and illegal. Your son should immediately move the Punjab and Haryana High Court to challenge the deduction in fee and also seek permission to take exams as he was prevented by a cause beyond his control from attending the lectures. Move the High Court asap.
1) your son cannot give the exams as he has already taken refund of the fees of Rs 72000
2) he should vacate the hostel and move consumer forum for refund of balance fees together with interest
First of all issue a legal notice to institute and claim your part and claim the examination which is based on the medical ground if they are not ready to settled the matter amicably then your son may file a writ before High Court if the Institution is Govt. Institution and prayer for examination.
Feel Free to call
Advocate, New Delhi
Is it possible that court will allow my son to write his exams ? What are the possibilities?
When my son went to district consumer forum mohali,he was told that education cases are no more dealt in consumer courts and my lawyer told that it will be filed in permanent lok adaalats.But when I asked some consumer NGOs they told me that the lawyer is lying and it will be filed in district consumer forum mohali only.Now what should I do ?
Asked 11 months ago
1)you cannot ride two horses at one time .
2) you have already filed writ petition in HC . wait for results of your petition .
3) if court is not inclined to permit you to write your exams request court to direct army institute to refund your fees with interest
4) complaint would have been maintainable before consumer forum mohali
There have been cases referred to consumer forums in this regard in the past however since it is involving the recovery of money you may approach civil court for recovery by filing a money recovery suit.
If you have not filed a case before consumer forum then why don't you file one for deficiency of service and compensation for mental stress caused by the school authorities. Let the forum say that it is not maintainable before consumer forum then you can shift the same to the civil court.
The HC can issue the directions to allow your son to write his exams on the very first hearing. Moving the consumer forum was a misconceived act. The remedy is before the High Court in so far as the question of writing exams is concerned.