M. R. SHAH, J. ( 1 ) RULE. Shri Dhaval Dave, Learned Advocate waives service of rule on behalf of the respondent. With the consent of the parties, the matter is taken up for final hearing today. ( 2 ) IN this petition under Article 226 of the Constitution of India, the petitioner - student has prayed for an appropriate writ, direction and order directing the respondents to return her original marksheet of Std. XII issued by the Gujarat Higher Secondary Education Board, Gandhinagar which was deposited by the petitioner while submitting the application for getting admission in Electrical Engineering Course conducted by the respondent institution and for getting admission in the said course. ( 3 ) THE petitioner had applied for getting admission in Electrical Engineering Course conducted by the respondent no. 1 institution on 5. 10. 2001. That alongwith the application, the petitioner had paid Rs. 5000/towards Advance Deposit and also deposited her original marksheet of Std. XII issued by the Board. The said marksheet as well as an amount of Rs. 5000/- were deposited alongwith the application with the Joint Admission Committee as the petitioner got admission on merits. The petitioner was directed to get admission in the respondent no. 1 institution by the Joint Admission Committee and the petitioner was informed by the respondents to furnish Bank Guarantee of Rs. 1,25,000/- and also deposit of Rs. 40000/- for the first year, Rs. 40000/- for the 2nd year and Rs. 40,000/- for the 3rd year in cash within 3 days. It is the case of the petitioner that it was impossible for the petitioner and his parents to manage for the bank guarantee of Rs. 1,20,000/- and to deposit an amount of Rs. 1,20,000/- within 3 days and therefore, the petitioner informed the respondent institution that she is not in a position to arrange for funds and therefore, she does not want admission and requested for return of her original marksheet of Std. XII. However, the respondent did not return the marksheet. It is the case of the petitioner that as the petitioner wants to take admission in PTC course and the said admission can be issued by the Secondary Education Board, the petitioners father had given an written application to the respondent no. 2 for return of the original marksheets of his daughter. However, the respondent did not return the marksheet. It is the case of the petitioner that as the petitioner wants to take admission in PTC course and the said admission can be issued by the Secondary Education Board, the petitioners father had given an written application to the respondent no. 2 for return of the original marksheets of his daughter. However, as the original marksheet of the petitioner was not returned and therefore, the petitioner has served a legal notice upon the respondents calling upon them to return the original marksheets of Std. XII and the petitioner is served with a reply by the respondents that unless an amount of Rs. 1,59,000/- is paid after adjusting the amount of Rs. 5000/- towards the fees of 4 years, the original marksheet of the petitioner would not be returned and therefore, the present Special Civil Application has been filed for the aforesaid reliefs. ( 4 ) SHRI J. A. Adesara, Learned Advocate appearing for the petitioner has submitted that in fact, the petitioner has not got any admission with the respondents and therefore, the insistence on the part of the respondents to pay the amount of Rs. 164000/- in all i. e. 4 years fees is absolutely arbitrary and unjustifiable. It is also further submitted that the action of the respondents in withholding the original marksheets of the petitioner of Std. XII is also most arbitrary, illegal and without jurisdiction. He has submitted that the respondent Authority has no jurisdiction to retain the original marksheets of the petitioner. He has relied upon Rule 8 of the Rules for admission to Engineering and Pharmacy Courses in support of his submission that as the petitioner has not paid the entire fees, the petitioners admission is automatically canceled and therefore, when the petitioners admission is cancelled, the respondents cannot ask the petitioner to pay the entire fees of 4 years and therefore, requested to allow the present Special Civil Application. ( 5 ) SHRI Dhaval Dave, Learned Advocate appearing on behalf of the respondents has relied upon Instruction Nos. 6,7 and 8 in support of his submission that after getting admission if the student leaves the study and/or admission is canceled, subsequently, then the fee is not refundable. ( 5 ) SHRI Dhaval Dave, Learned Advocate appearing on behalf of the respondents has relied upon Instruction Nos. 6,7 and 8 in support of his submission that after getting admission if the student leaves the study and/or admission is canceled, subsequently, then the fee is not refundable. He has also submitted that on getting the admission in self-financed institution, a student is required to give the security of the fees for the subsequent year and therefore, when the petitioner gets admission in the first year Electrical Engineering course in the respondents institution, the institution is justified in insisting for the fees of 4 years and therefore, on nonpayment of the fees for 4 years, the institution is justified in withholding the original marksheet of the petitioner. Therefore, it is submitted to dismiss the present petition. ( 6 ) HEARD the Learned Advocates appearing on behalf of the parties. ( 7 ) THE petitioner had applied for admission in Electrical Engineering course and paid Rs. 5000/- towards Advance towards Advance Deposit with the Joint Admission Committee. Alongwith the application, the petitioner has also submitted the original marksheets of Std. XII. The Joint Admission Committee directed the petitioner to get admission in the respondent institution and the petitioner was directed to approach the respondents for further formalities. The petitioner was informed to furnish bank guarantee of Rs. 1,25,000/- and also deposit of Rs. 1,20,000/- in cash within 3 days towards the future subsequent years fees. The petitioner informed the respondent institution that she is not in a position to arrange for funds and therefore, she did not deposit/pay the fees. Considering Rule 8, more particularly, Rule 8. 2 of the Rules for getting admission to Engineering and Pharmacy Course, if a student does not pay the fees while getting admission it is treated as canceled. Under the circumstances, on nonpayment of fees, the admission of the petitioner is automatically canceled. Under the circumstances, when once the admission of the petitioner is canceled, the respondents cannot insist for the fees of entire course i. e. fees of all 4 years, therefore, the insistence on the part of the respondents to make payment of Rs. 1,64,000/- towards the 4 years fees is absolutely unjustifiable and arbitrary and even contrary to the rules for getting admission in the Engineering as well as Pharmacy courses. 1,64,000/- towards the 4 years fees is absolutely unjustifiable and arbitrary and even contrary to the rules for getting admission in the Engineering as well as Pharmacy courses. When the admission of the petitioner is already canceled on nonpayment of fees of 1st year at the time of getting admission, the respondents cannot insist for the subsequent fees as the respondents are required to give admission to other students on the seat of the petitioner on cancellation of his/her admission. Subsequently, when the petitioner has requested to return her original marksheet of Std. XII for getting admission for other institutions/other courses, the respondents cannot withheld the same on the ground that the subsequent 4 years fees is not paid by the petitioner and unless and until the said fee is paid, the original marksheet of Std. XII will not be returned. As such, there is no rule and/or regulation allowing the institution to withheld the marksheet on nonpayment of fees. Under the circumstances, the action of the respondent withholding the marksheet of Std. XII of the petitioner on nonpayment of subsequent year fees and the entire fees is absolutely illegal and without jurisdiction and authority under law. Even as stated hereinabove, the insistence on the part of the respondents institution to pay the 4 years fees is also unjustifiable and illegal and considering the aforesaid facts and circumstances of the case, the present petition is required to be allowed by directing the respondents to return the original marksheet of Std. XII of the petitioner forthwith. For the reasons stated hereinabove, the petition succeeds. The respondents are directed to return the original marksheet of the petitioner of Std. XII to the petitioner forthwith. Rule is made absolute to the aforesaid extent with no order as to costs. .