High Court of DelhiW.P.(C)/11922/2023

Ishika Kumar v. Indira Gandhi Delhi Technical University For Women Through Its Vice Chancellor & ORS.

2026-05-06Hon'Ble Mr. Justice Jasmeet Singh6 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11922/2023 ISHIKA KUMAR .....Petitioner Through:

Mr. Akash Kumar, Ms. Huzaifa Yousuf, Ms. Nikita Lohia, Advs.

versus INDIRA GANDHI DELHI TECHNICAL UNIVERSITY FOR WOMEN THROUGH ITS VICE CHANCELLOR & ORS.

.....Respondent Through:

Mrs. Avnish Ahlawat, SC GNCTD Services with Mr. Nitesh Kumar Singh, Ms. Aliza Alam, Mr. Mohnish Sehrawat, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SIN`GH

O R D E R

% 06.05.2026 1.

This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers :- "a. To direct in the respondent university to, setting aside and quashing of office order dated 02-02-2023, bearing ref. No.

Igdtuw/acad/2023/590 issued by the respondent university.

b. Issue a writ of mandamus or any other appropriate writ, order, or direction, directing the respondent to refund the amount of Rs. 1,37,0001- (Rupees One Lakh Thirty Seven Thousand Only), which was wrongfully forfeited from the petitioner..."

The facts of the case are that the petitioner applied for and was granted admission in B. Arch. branch of respondents/University for the year The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2011-12. The petitioner duly completed her first year with the University and thereafter on 29.07.2022, a notice of fee was issued by the University and the petitioner deposited the entire fee of Rs. 1,37,000/- for the 3rd and 4th semester on 31.08.2022. 3.

In the meanwhile, the petitioner got an admission in a higher-ranking institution and vide email dated 29.09.2022, requested for cancellation of admission and refund of fee. The said application was rejected by the University on 02.02.2023 and hence, the present petition has been filed. 4.

Mr. Sehrawat, learned counsel for the respondents has drawn my attention to the Minutes of Meeting dated 18.04.2023, which read as under:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

He states that in terms of the admission brochur re, the petitioner could have only y withdrawn her allotted seat and sough ht refund of fee in case the petitio oner would have requested for refund d within one month of joining th he institution.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

He further draws my attention to Clause 6.3 of the said brochure, which reads as under:

"6.3 Withdrawal of Allotted Seat and Refund of Fees An admitted candidate can withdraw his/her admission during the counselling period (as specified in the counselling schedule) by submitting online request through JAC Delhi portal on or before last date of withdrawal mentioned in counselling schedule.

a) If the candidate withdraws his/her admission on or before the last date of withdrawal as mentioned in the counselling schedule, his admission fee (Rs. 95,000/-) will be refunded after deducting Rs.1000/- (Rupees One thousand only) as processing charge.

b) Fee refunds for all withdrawals will be processed within 20 days after last date of withdrawal.

c) The academic fee deposited by the admitted candidates will be forfeited, if he/she withdraws after the last date of withdrawal as mentioned in the Counselling Schedule. No amount shall be refunded if the admitted candidate withdraws after the last date and time of withdrawal as mentioned in the counseling schedule."

I have heard learned counsel for the parties. 8.

In the present case, it is not in dispute, i.e., the petitioner joined the respondent institution in the year 2021-22, completed her first year of education and thereafter, shifted to a better ranked institution. The petitioner paid her annual fee for the 3rd and 4th semester and joined the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

university but did not complete her 3rd and 4th semester. 9.

A perusal of the Clause 6.3 shows that the same is only applicable to 1st year of the curriculum and not to the 2nd year. 10.

The same is evident from the Minutes of Meeting dated 18.04.2023, wherein the Committee itself stated that "there are Guidelines/ Orders by UGC for the refund of fee to First Year Students only who take withdrawal up to December of the same year in which the admission is taken. But there are no Guideline/ Order issued by the Government Authorities regarding fee refund in case of withdrawal taken by the students in Second/Third/ Fourth year of admission." 11.

In view of the same, the petitioner/student cannot be compelled to pay the fee for the academic year during which she neither attended classes nor pursued her studies with the respondent institution. Once the petitioner had withdrawn from the course, the respondents could not retain the fee for the remaining period despite no educational services being availed by the petitioner.

12.

Further, in the event of any ambiguity or absence of specific guidelines with respect to refund of fee for withdrawal in the second year, the interpretation has to lean in favour of the student. The Minutes of Meeting dated 18.04.2023 itself records that there are no guidelines/orders regarding fee refund in cases of withdrawal in the second/third/fourth year. In the absence of any express provision authorising forfeiture of the fee, the respondents cannot deny refund to the petitioner. Accordingly, the petition is allowed and the respondents are directed to refund the fee deposited by the petitioner. 13.

Mr. Kumar, learned counsel for the petitioner states that the petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

voluntarily would like to pay a sum of Rs. 25,000/- to respondent No. 1 for the betterment and welfare of the students. 14.

In view of his statement, the balance amount of Rs. 1,12,000/- shall be paid to the petitioner by way of a Demand Draft within 6 weeks from today, failing which it shall carry an interest of 9% p.a. 15.

With these directions, the petition is disposed of. JASMEET SINGH, J MAY 6, 2026/sp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.