Central Information Commission
Naresh Kumar Bansal vs Netaji Subhas Institute Of Technology on 27 June, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/NSIOT/A/2023/619230
Naresh Kumar Bansal .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Netaji Subhas University of
Technology, Sector- 03,
Dwarka, New Delhi - 110078 ....प्रनर्वािीगण /Respondent
Date of Hearing : 19.06.2024
Date of Decision : 26.06.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 21.01.2023
CPIO replied on : 09.02.2023
First appeal filed on : 21.02.2023
First Appellate Authority's order : 11.04.2023
2nd Appeal/Complaint dated : NIL
Information sought:
The Appellant filed an RTI application dated 21.01.2023 seeking the following information:
"Please provide me the following information:-Page 1 of 6
1. Does Netaji Subhas University of Technology, Sector-03, Dwarka, New Delhi follow the guidelines issued by University Grants Commission (UGC) (Ministry of Education, Govt. of India)?
2. Has the guidelines issued by University Grants Commission (UGC) (Ministry of Education, Govt. of India) vide Letter No. F. 14-17/2020(CPP-II) dated 17.12.2020 (copy attached) been notified to Netaji Subhas University of Technology, Sector-03, Dwarka, New Delhi?
3. Has the guidelines issued by University Grants Commission (UGC) (Ministry of Education, Govt. of India) vide Letter No. F. 14-17/2020(CPP-II) Dated 17.12.2020 (copy attached) followed by Netaji Subhas University of Technology, Sector-03, Dwarka, New Delhi?
4. Please specify the reason for not refunding the admission fee Rs. 120000/-(One Lakh Twenty thousand only) of Ms. SUBHI BANSAL D/o Naresh Kumar Bansal, Application form No./ID 20600838, Roll No. 2020PCS2008 course M Tech. (CSE) against withdrawal of admission on Dt. 29.11.2020 (copy attached) before due date i.e.30/11/2020. Withdrawal of admission is in pursuance of University Grants Commission (UGC) (Ministry of Education, Govt. of India) guideline vide Letter No.. F. 14-17/2020 (CPP-II) Dt. 17.12.2020.
5. Letter/Policy/Notification issued by Netaji Subhas University of Technology, Sector- 03, Dwarka, New Delhi which supersedes the guidelines notified by University Grants Commission (UGC) (Ministry of Education, Govt. of India UGC Letter No. F. 14- 17/2020 (CPP-II) Dated 17.12.2020.
6. Letter/Policy/Notification regarding, Netaji Subhas University of Technology, Sector-03, Dwarka, New Delhi according to which NSUT will not refund admission fee Rs. 120,000/- deposited for M-Tech. Sesson 2020-2021 as admission was withdrawn on 29.11.2020 before due date. i.e. 30.11.2020.
7. The copy of orders from Netaji Subhas University of Technology, Sector-03, Dwarka, New Delhi according to which" If a withdrawal is taken after 16.08.2020 then no fee is refundable".
8. Name, Designation, Department & contact details of authority from Netaji Subhas University of Technology, Sector-03, Dwarka, New Delhi dealing refund of admission fee of Ms. SHUBHI BANSAL D/o Naresh Kumar Bansal, Application form No./ID 20600838, Roll No. 2020PCS2008 course M Tech. (CSE) against withdrawal of admission on Dt. 29.11.2020 before due date i.e. 30/11/2020."
The CPIO furnished a reply to the Appellant on 09.02.2023 stating as under:
Page 2 of 6"With reference to your application received in the office of PIO on 21/01/2023 the requisite reply (02 pages) provided by the Chairman, Admission Cell, NSUT is enclosed."
The CPIO furnished a point-wise reply to the Appellant on 08.02.2023 stating as under:
"1. Does not pertain to Admission Committee.
2. Does not pertain to Admission Committee.
3. Guidelines as given in Information Brochure of M.Tech. Admission-2020.
4. The University has followed its withdrawal policy mentioned in the Information Brochure of M.Tech. Admission-2020/ regular updates uploaded on the website.
5. Does not pertain to Admission Committee.
6 & 7. M.Tech. withdrawal policy as given in Information Brochure of M.Tech. Admission- 2020/regularly uploaded updates on the website from time to time(copy enclosed).
8. Chairman, M.Tech. Admission Committee, NSUT."
Being dissatisfied, the appellant filed a First Appeal dated 21.02.2023. The FAA vide its order dated 11.04.2023, held as under:-
"With reference to your application received in the office of PIO on 21/01/2023 Disposal Order No. 212 (297)/2023/FAA/NSUT/152 dated 14/03/2023, the requisite reply 01 pages provided by the Chairman, M.Tech. Admission-2023, NSUT is enclosed."
The Chairman, M.Tech. Admission-2023, NSUT furnished a point-wise reply to the Appellant on 03.04.2023 stating as under:
"Points 1,2,5: As per the decision of the Supreme Court of India in the case of Kalyani Mathivanan Vs. K.V. Jeyaraj and ORS (2015), 'UGC Regulations, 2010 are not mandatory but directory and cannot override the provisions of the University act, 1965" .... Page 2 of decision' Thus, UGC guidelines are advisory for the non-grantee Institutions. Admissions in the University are governed by the University Act/ statute for the admission purpose which is the prerogative of the University.Page 3 of 6
Point 8: Prof. Vijay Gupta, Chairman Admissions, Office Room 012 and 016, Ph: 011- 25099290, NSUT Sector 3 Dwarka/ Prof. B.K. Singh, Coordinator, M.Tech. (Mobile:
9205475069)."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through VC.
Respondent: Ms. Astha Singh, Assistant registrar-cum-SPIO, Shri Abhinav Tomar, Assistant Professor, attended the hearing in person.
The Appellant stated that he is not satisfied with the information provided by the Respondent qua the instant RTI Application. He added that Netaji Subhas University of Technology, does not follow the circular/guideline issued by University Grants Commission (UGC) vide letter No. F. 14-17/2020(CPP-ll) dated 17.12.2020, the relevant para of which is as under:
"Your kind attention is invited to the UGC Guidelines on Academic Calendar for the First Year of Under- Graduate and Post-Graduate Students of the Universities for the Session 2020-21 in View of COVID-19 Pandemic which provide that: "In order to avoid financial hardship being faced by the parents due to lockdown and related factors, full refund of fees be made on account of all cancellation of admissions/ migration of students, up to 30.11.2020, for this very session as a special case. To be crystal clear, the entire fees including all charges be refunded in totality (Zero Cancellation charges) on account of cancellation/ migration up to 30.11.2020. Thereafter, on cancellation/ withdrawal of admissions up to 31.12.2020, the entire fee collected from a student be refunded in full after deduction of not more than Rs.1000/- as processing fee."
The guidelines are available on UGC website https://www.ugc.ac.in/pdfnews/1019576 Guideline.pdf The Commission has been receiving several references in the form of RTI applications/ complaints/ public grievances/ court cases in respect of non refund of fee by the universities/ institution in violation of the UGC Guidelines. The Commission has taken a very serious view of such complaints. Most of these complaints have come from the students who have taken admission in private or self financing universities and deemed to be universities and later opted out for one or the other reasons. It is reiterated that the UGC guidelines are to be followed mandatorily by all the universities in letter and spirit. Any institution/ university found to be violating the guidelines and refusing to refund the fee by giving its own interpretation of the guidelines shall be liable for punitive actions as notified in clause 5 of the UGC Page 4 of 6 notification refund of fees and non-retention of original certificate issued in October 2018 (https://www.ugc.ac.in/pdfnews/5437737 UGC-Notice-reg-Fees-refund- Eng.pdf.) You are once again requested to ensure the compliance of the UGC directions in respect of refund of fee in accordance with the UGC Guidelines on Academic Calendar for the First Year of Under-Graduate and Post-Graduate Students of the Universities for the Session 2020-21 in view of COVID-19 Pandemic."
The Respondent adequate information based on available records has been furnished to the Appellant. She added that the main issue behind filing the instant RIT Application is regarding return of the admission fee of Ms. Subhi Bansal, who is the daughter of the Appellant. She apprised the bench that withdrawal policy was given in information Brochure of M. Tech. Admission- 2020 and the copy of the same is also available on the website according to which the last date for withdrawal of fee was 16.08.2020, however, the Appellant had applied for withdrawal of fee almost after three months i.e. on 29.11.2020, when the admission were closed the sessions were about to start and that is why no refund was given to him. She apprised the bench the seat blocked by the Appellant was left vacant for the relevant year. The Appellant interjected and stated that date of withdrawal was within the time limit set by UGC She further referred the judgment of Hon'ble Supreme Court of India in the case of Kalyani Mathivanan Vs. K.V. Jeyaraj and ORS (2015), wherein it was held that UGC guidelines are advisory for the non-grantee Institutions and the admissions in the University are governed by the University Act/ statute for the admission purpose which is the prerogative of the University and as when their office will receive any notification from the concerned State Government, they will adhered to it. She further apprised the bench of the fact that the issue of Appellant regarding refund of admission fees is also sub-judice in the Hon'ble High Court of Delhi in WP (C) No. 8232/2021 and WP (C) No. 1465/2023.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that an adequate reply qua the instant RTI Application has been given by the Respondent except for point No. 5 of RTI Application wherein the Appellant is only seeking Page 5 of 6 information regarding any Letter/Policy/Notification issued by Netaji Subhas University of Technology, which supersedes the guidelines notified by University Grants Commission (UGC) vide Letter No. F. 14-17/2020 (CPP-II) Dated 17.12.2020. Therefore, Ms. Astha Singh, Assistant registrar-cum-SPIO, is directed to provide a revised reply in respect of point No. 5 of the RTI Application, to the Appellant, within two weeks of receipt of this order. The FAA shall ensure compliance of this order.
However, before parting with the case, the Commission would like to counsel the Appellant that issue pertaining to refund of admission fee is already sub- judice in the Hon'ble High Court of Delhi in WP (C) No. 8232/2021 and WP (C) No. 1465/2023, and the Commission is not competent to intervene in the matter of refund of fee as the Commission is not empowered to adjudicate upon issues which are beyond the ambit of RTI Act.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The First Appellate Authority, NSUT, Admin Block Sector-3 Dwarka, New Delhi - 110078 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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