May 6, 2016

What legal steps possible if an Educational Institute is not complying with policy promised in admission brochures

Instances are seen where an Educational Institute gives many promises in brochures and websites at time of admission, but after admission is taken, such policies are not followed.

What legal steps can be taken ?

Actual legal advice may differ from case to case, but here are some general suggestions :

1) Think before starting the battle. Mostly students are victims. If they fight, they may be victimized at time of examination. So one should think and consider one's position before starting fight.

2) It is much better if some public spirited persons or NGOs  start the battle.

3) There are two roads. One via High Court. Second road is via local Civil Court.

4)In High Court, petition for writ of Mandamus can be filed against the Institute under Art.226.

But before filing petition a representation should be made to the Institute and its controlling authority  demanding compliance with policy

5) Second route is to file a Representative Civil Suit or a personal civil suit in a civil court. In suit, if Govt authority is to be made defendant, then it is advisable and mandatory to give 60 days notice under Sec.80 of CPC.  Thereafter a suit can be filed.

6) These are general suggestions for academic interest. This is not a legal advice.

Haresh Raichura
6/5/2016