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2010 Supreme(Mad) 524

S.MANIKUMAR
P. Sudarsan – Appellant
Versus
Madurial Kamaraj University – Respondent


Advocates appeared:
For the Petitioner:T.R. Rajaranman, Advocate.
For the Respondent:S. Sethuraman, Advocate.

Judgment

The petitioner has sought for a writ of certiorarified mandamus, to quash Clause 7 (d) of the Prospectus for admission to M.Sc. Micro Bial Gene Technology 2001-2002 and direct the respondent to refund the fees paid at the time of admission.

2. It is the case of the petitioner that he applied for M.Sc. Micro Bial Gene Technology for the academic year 2001-2002 and was admitted to the Course and paid a sum of Rs.39,945/- towards tuition and special fees on 6. 2001. Subsequently, he was selected for M.Sc. Bio-Tech in Jawaharlal Nehru University, New Delhi and joined the course. Though the petitioner’s father made a request to the University for refund of Rs.37,750/- after deducting the special fees of Rs.2,195/-, it was not refunded. In this regard, a representation dated 12. 2001 was made. As there was no response, legal notices dated 25. 2002 and 30.5.2002 were issued. Since by Clause 7(d) of the Prospectus for admission to M.Sc. Micro Bial Gene Technology Course for the Academic Year 20012002, a restriction was imposed for refund of any fees or excess fees once paid, either for refund or adjustment, the respondent have not refunded the amount claimed by the petitioner. In























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