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2008 Supreme(Mad) 4326
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. JAICHANDREN
M. Divya Prabha
Versus
Tamil Nadu Agricultural University, rep. by its Dean (Agriculture)
Writ Petition No.32106 of 2004
Decided On : 25-11-2008
For the Petitioner:G.R. Swaminathan, Advocate.
For the Respondent:R. Vijayakumar, Government Advocate.
The entitlement to a refund of course fee after relinquishing a seat in the middle of the program is determined by the university's refund policy as stated in the information brochure.
Headnote:
Mandamus - Refund of Course Fee - The court held that the petitioner did not show sufficient cause to grant the refund of the course fee, as she had attended the course for nearly a month after admission. However, the caution money deposit paid by the petitioner was to be refunded if not already done.
Fact of the Case:
The petitioner sought a writ of Mandamus to direct the respondent to refund the fee for a B.Tech (Agri. Biotech) course, as she had to relinquish her seat after being allotted a B.D.S. seat at another institution.
Finding of the Court:
The court found that the petitioner did not show sufficient cause to grant the refund of the course fee, but ordered the refund of the caution money deposit if not already done.
Issues: The issue was whether the petitioner was entitled to a refund of the course fee after relinquishing her seat in the middle of the program.
Ratio Decidendi: The court held that as per the information brochure of the university, only the caution money deposit would be refunded if a student discontinues the course in the middle of the program.
Final Decision: The writ petition was dismissed, and no costs were awarded.
This writ petition has been filed praying for a writ of Mandamus directing the respondent to refund the fee of Rs.32,100/-, received from the petitioner, in respect of B.Tech (Agri. Biotech) course, for the academic year 2004-2005, by the petitioner. The petitioner has stated that after completing her 12th standard, she had applied for admission in the under Graduate Course, for the Academic Year 2004-2005 and she was allotted a seat for B.Tech (Agri, Biotech) and a communication was sent to the petitioner, by a letter, dated 15.07.2004, issued by the respondent. Accordingly, the petitioner had paid a total sum of Rs.32,100/-, as fees, to the respondent and subsequently, she had got an intimation for counseling for the B.D.S. seat from the selection committee, by a communication, dated 16.08.2004. After the selection she was allotted a B.D.S. seat at Saveetha Dental College & Hosipitals. Following her admission in the B.D.S. course, she had to relinquish her seat at the respondent university. Under such circumstances, the petitioner has filed the present writ petition before this Court, under Article 226 of the Constitution of India.
2. Even though no counter affidavit has been filed on behalf of the respondent, the learned counsel appearing for the respondent had placed before this Court, the information brochure of the Tamil Nadu Agricultural University, Coimbatore, relating to the under graduate admission, for the Academic year 2004-05, wherein, it has been stated that if a student discontinues the course in the middle of the programme, only the caution money deposit will be refunded. From the affidavit filed by the petitioner, it is seen that she had attended B.Tech.(Agri. Biotech.) course for nearly a month after her admission.
3. In such circumstances, this Court is of the considered view that the petitioner has not shown sufficient cause of reason, to grant the prayer, as prayed for in the present writ petition. However, the caution money deposit paid by the petitioner to the respondent University is to be refunded, if the said amount has not been refunded till date.
4. With the above observations, this writ petition is dismissed. No costs.
