Neutral Citation No. - 2025:AHC:5597 Court No. - 32 Case :- WRIT - C No. - 11548 of 2015 Petitioner :- Marathwada Institute Of Technology Thru Registrar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neeraj Tiwari,Rohit Pandey Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. Order on Order Sheet Learned counsel for the petitioner is permitted to implead Director, Social Welfare, U.P. Lucknow as respondent no.4 in the writ petition during the course of the day. Order on Writ Petition 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "(i) issue a writ, order or direction in the nature of mandamus commanding the respondents and directing them to reimburse the remaining fee of students of SC/ST Category for Session 2010-11 of BCA, MCA and B.Tech of petitioner's Institution amounting to Rs.10,30,800/-, as decided by the relevant authorities along with 18% penal interest forthwith. (ii) issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. (iii) To award the costs of the petition to the petitioner." 3. According to the petitioner, fee structure for the Session 2010-11 fixed by the Fee Fixation Committee by order dated 23.06.2010 was Rs.55,000/- for B. Tech students, Rs.20,340/- for BCA & MCA students.The petitioner on zero fee basis had admitted 39 students of SC/ST category in B.Tech Course, 1 student in the category of SC/ST for MCA course and 6 students in the category of SC/ST for BCA course.The fee of SC/ST students is to be reimbursed by the State Government under the policy framed by the State Government. 4. According to the petitioner, petitioner is entitled to the refund of Rs.23,22,040/- for the Session 2010-11, whereas the petitioner had been reimbursed Rs.12,91,240/- and the petitioner is still entitled to recover Rs.10,38,000/- along with interest. 5. A counter affidavit has been filed by the State in which calculation as to how the State Government has reimbursed only Rs.12,91,240/-, is not given. 6. Since, the writ petition involves disputed question of fact, therefore, in the facts of the present writ petition, this Court is of the opinion that the matter may be relegated to the competent authority. 7. In such view of the fact, the writ petition is disposed off permitting the petitioner to file a detailed representation before the respondent no.4-Director, Social Welfare, U.P. Lucknow within a period of one month from today. In case, any such representation is filed, respondent no.4 shall consider and decide the same strictly in accordance with law after giving due notice and opportunity of hearing to the petitioner within a period of one month thereafter. Order Date :- 10.1.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad