No graduation, no LLB: Why national consumer commission ordered Jaipur college to refund fees
The national consumer commission was hearing an appeal of Bharat Law College, Jaipur against directions of the Rajasthan State Consumer Disputes Redressal Commission.
The national consumer body held that the orders of the district forum and the state commission were unsustainable and set them aside. (Image generated using AI)
At the same time, the commission held that the college was not guilty of any negligence or deficiency in service.
The national consumer commission said that the lack of basic qualification was revealed only before the first-year examination forms were submitted to the institution. (File photo)
“There has been no negligence/deficiency in service on the part of the Opposite Party College since the Opposite Party was under the bona fide impression that the Complainant is duly qualified, as represented by him,” said the NCDRC on February 4.
Commission’s findings: No negligence by college
After carefully reviewing the material, the national consumer commission concluded that there was no deficiency in service on the part of the college.
The bench observed that the institution had acted under a bona fide impression that the complainant was duly qualified, based on the representation made at the time of admission.
“Undisputedly, the Complainant was not holding requisite qualification for the purpose of the admission to LLB,” the national consumer body noted.
The commission added that the lack of basic qualification was revealed only before the first-year examination forms were submitted to the institution.
Given these findings, the NCDRC held that the orders of the district forum and the state commission were unsustainable and set them aside.
Refund with interest ordered
While absolving the college of any wrongdoing, the commission ensured that the complainant was not left without remedy.
It directed the college to refund Rs 7,610 along with interest at the rate of 8 per cent per annum from the date of admission until the date of refund.
The refund is to be made within two months.
The consumer commission also clarified that there would be no order as to costs.
How dispute arose
The case traces back to the admission of one Anjani Kumar Sharma in 2017 to the LLB course at Bharat Law College, Jaipur.
At the time of admission, the college accepted the documents submitted by the student and granted him entry into the programme.
Trouble surfaced later when the complainant was required to submit documents for appearing in the first-year LLB examination.
It was then discovered that his graduation degree was of two years’ duration, whereas the rules mandated a three-year graduation qualification for eligibility to the LLB course.
In other words, the student did not meet the basic academic criteria required for admission.
Feeling aggrieved, the student approached the consumer fora.
Both the district forum and the Rajasthan state consumer commission passed orders in his favour.
Challenging those decisions, the college moved the NCDRC in revision.
Hearing before NCDRC
When the matter was taken up on February 4, 2026, none appeared on behalf of the respondent (student), and he proceeded against ex parte.
The commission heard counsel for the college and examined the records.
During arguments, counsel for the petitioner-college, advocate Umesh Nagpal submitted that without delving into the technicalities or merits of the case.
The counsel stated that the college was willing to refund the actual amount paid by the complainant.
The amount included Rs 6,000 towards admission fees and Rs 860 and Rs 750 towards miscellaneous charges totalling Rs 7,610.
Balanced approach
The decision reflects a pragmatic and balanced approach.
On one hand, the commission recognised that the student did not meet the mandatory eligibility criteria and that the college had not acted negligently.
On the other, it ensured restitution of the fees paid, with interest, to prevent unjust enrichment.
The ruling sends a subtle but important message: educational institutions must exercise due diligence at the stage of admission, but students also bear responsibility for accurately representing their qualifications.
Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system.
Expertise
Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including:
Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability.
Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters.
Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights.
Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More