Facts
The petitioner was allotted a seat in the second respondent college under the Management Quota pursuant to an allotment letter issued by the first respondent–Kaloji Narayana Rao University of Health Sciences on 27 October 2025.
Source reference: para. 3Relying on the allotment, she paid ₹3,32,000 towards tuition fees and was permitted to pursue the course.
Source reference: para. 3Subsequently, by proceedings dated 23 January 2026, the University cancelled her admission on the ground that she had secured 128 marks in NEET, whereas 144 marks were required.
Source reference: para. 3The petitioner challenged the cancellation as arbitrary and contrary to the allotment letter, and alternatively sought refund of the tuition fee and compensation.
Source reference: para. 1The respondents did not dispute the allotment, payment of fees, or subsequent cancellation, and left the matter to the Court’s discretion.
Source reference: para. 5Issues
Whether the petitioner was entitled to a refund of the tuition fee paid pursuant to an allotment and admission that were subsequently cancelled by the respondents?
Source reference: paras. 3–7Whether the Court was required to adjudicate the validity of the cancellation of the petitioner’s admission?
Source reference: para. 7Law Applied
The Court applied the principle that an institution cannot unjustly enrich itself by retaining fees paid for a seat when the student is ultimately not permitted to continue the course due to cancellation of the admission.
Source reference: para. 6It further held that where admission was granted pursuant to an allotment made by the competent authority itself, the student should not bear the financial consequences of any error in the allotment or admission process.
Source reference: paras. 4, 6Although the petitioner referred to the doctrine of legitimate expectation and to Manoj Kumar v. Union of India, (2024) 3 SCC 563, the Court did not rely on those authorities to decide the validity of the cancellation or to award compensation.
Source reference: para. 1; para. 7Reasoning
The Court accepted that the petitioner had not obtained the minimum NEET score, but noted that the seat had nevertheless been allotted by the University and that the petitioner had paid the entire tuition fee in reliance on that allotment.
Source reference: paras. 3–4Since the respondents themselves subsequently cancelled the admission, retaining ₹3,32,000 for a seat that the petitioner was not permitted to continue would result in unjust enrichment of the institution.
Source reference: para. 6The Court therefore separated the question of refund from the legality of the cancellation and considered it unnecessary to determine whether the cancellation order was substantively valid.
Source reference: para. 7Holding
The writ petition was disposed of with a direction to the second respondent college to refund the entire tuition fee of ₹3,32,000 to the petitioner within six weeks from receipt of a copy of the order.
The Court expressly declined to give any opinion on the validity of the cancellation of admission and did not grant the alternative claim for ₹50,00,000 compensation.
Source reference: para. 7There was no order as to costs, and pending miscellaneous applications were closed.
Source reference: para. 8Original Court PDF
Done Shabari PriyavsKaloji Narayana Rao University of Health Sciences
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