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2017 Supreme(Mad) 3168

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. KIRUBAKARAN, J.
Poornima Sivakumar – Petitioner
Versus
The Registrar Annamalai University Annamalai Nagar Chidambaram & Others – Respondents
W.P. No. 14925 of 2017
Decided On : 28-11-2017

Advocates Appeared:
For the Petitioner:M. Vijayalakshmi, Advocate.
For the Respondent:K. Sathishkumar, V.P. Raman, P.R. Gopinathan, Advocates.

The main legal point established is that the entitlement to a refund of fees after admission withdrawal is determined by the UGC notification, and the university is bound by its provisions.

Headnote:

Refund of Fees - Admission Withdrawal - The court held that the petitioner is entitled to a refund of the entire amount except for a processing fee, as per the UGC notification and the petitioner's timely communication of withdrawal from the course.

Fact of the Case:

The petitioner sought a refund of the fees paid to the university after being admitted to a medical college through government counseling but subsequently being allotted to another college in a later counseling phase.

Finding of the Court:

The court found that the petitioner's timely communication of withdrawal from the course entitled her to a refund of the entire amount except for a processing fee, as per the UGC notification.

Issues: The main issue was whether the petitioner was entitled to a refund of the fees paid to the university after being admitted to a medical college and subsequently withdrawing from the course.

Ratio Decidendi: The court relied on the UGC notification, which specified the percentage of refund entitlement based on the timing of withdrawal from admission, and held that the petitioner was entitled to a refund as per the notification.

Final Decision: The writ petition was allowed, and the court directed the university to refund a sum of Rs.5,44,370 to the petitioner, except for a processing fee of Rs.10,000.

JUDGMENT :

1. The petitioner, who was admitted in Rajah Muthiah Medical College, Chidambaram through Government counselling, joined the college on 11.07.2016 by paying the required fee. Subsequently, the petitioner was allotted to IRT Perundurai Medical College, Perundurai in Phase II counselling. At present, the petitioner is studying in the said college. Since the petitioner paid a sum of Rs.5,54,370/- and she has not undergone the course in the College of the first respondent/University, the petitioner sought for return of money. Since the money has not been returned by the respondent/University, the petitioner has come up before this Court.

2. Heard Ms.M.Vijayalakshmi, learned counsel for the petitioner, who would submit that even before the cut- off date, the petitioner vide her letter dated 31.08.2016, informed about her intention to get admission in other colleges, as she has been given admission in IRT Perundurai Medical College, Perundurai. The information was given on 31.08.2016, that is, even before 30.09.2016, the petitioner informed the first respondent/University about the cancellation of the MBBS seat. Hence, the learned counsel would submit that she is entitled to the entire amount.

3. However, Mr.Sathish Kumar, learned counsel appearing for the first respondent would submit that it is the condition that whenever a student leaves the course after admission, a sum of Rs.10,000/- would be adjusted towards service charges and Rs.5,00,000/- would be forfeited for violating the bond which the student would enter into with the University. That apart, there is a syndicate resolution to the effect that no amount would be paid to the students, if they leave the college.

4. Heard, Mr.V.P.Raman, learned counsel appearing for the second respondent and Mr.P.R.Gopinathan, learned standing counsel appearing for the third respondent.

5. Mr.P.R.Gopinathan, learned counsel has produced a notification dated 'Nil' December 2016, in which the refund of fees and other student-centric issues have been dealt with. According to the notification, the following is the amount which the students are entitled to be refunded in case they withdraw from the admission :-

Sl. No.

Percentage of refund of Aggregate fees*

Point of time when notice of withdrawal of admission is served to HEI

1

100%

15 days before the formally-notified last date of admission

2

80%

Not more than 15 days after the formally-notified last date of admission

3

50%

More than 15 days but less than 30 days after formally-notified last date of admission

4

0%

More than 30 days after formally-notified last date of admission

*(Inclusive of course fees and non-tuition fees but exclusive of caution money and security deposit)

5. If UGC has already clarified the manner in which the amount has to be refunded, the first respondent/University cannot prescribe a separate procedure for deduction of amount from the fees unilaterally. The UGC notification is binding upon the first respondent/University.

6. In this case, the petitioner got admitted on 11.07.2016 by paying the required fees in the college of the first respondent/University and subsequently was allotted a seat in IRT Perundurai Medical College, which fact was also informed to the first respondent vide letter dated 31.08.2016, in which the petitioner sought for refund of fees paid by her.

7. Therefore, it is very clear from the letter dated 31.08.2016 that even before the course commences and even before the expiry of the cut-off date 30.09.2016, the time limit fixed for admission into the Medical College, the petitioner informed through her letter dated 31.08.2016 for withdrawal from the course. Therefore, the first respondent/University has got time for admitting the students through counselling and no prejudice would have been caused to the respondents. Hence, the





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