Educational institutions must adhere strictly to fee structures mandated by governing bodies, and violations merit reimbursement and compensation.

ORDER :

1. This Writ Petition is filed for a Writ of Mandamus directing the third respondent to repay the sum of Rs.20,01,400/- which is collected in excess of the fee fixed by the Fee Fixation Committee for the years 2015- 2024 and also to direct the third respondent to pay the compensation to the petitioner as fixed by this Court for not applying proper certificates namely, PC-1 and PC-2 and CRI completion certificate before the second respondent and collection of extra fees throughout the years.

2. Upon hearing the learned Counsel for the petitioner and perusing the material records of the case, the case of the petitioner is that the petitioner joined the third respondent institution on 28.10.2015 for the B.D.S., Course under the management quota. It is her case that over and above the fee fixed, every year, excess fee has been obtained from her. She had paid a sum of Rs.5,00,000/- capitation fee in cash and excess tuition fee at Rs.10,80,000/- and break fee of Rs.3,50,000/- and exam fee of Rs.71,400/- and thus, the third respondent college had collected a total sum of Rs.20,01,400/-, in excess of what is being prescribed by the Fee Fixation Committee. The Fee Fixation Committee, for the relevant year, by the order, dated 23.07.2015, fixed a fee of Rs.1,45,000/- which is inclusive of admission fee, tuition fee, special fee, laboratory fee, computer fee and all other fee mentioned therein and the development fee of Rs.5,000/- was also permitted to collect. In violation of the said mandate, the college has been collecting fee. Earlier also, the same institution came to adverse notice and compensation was levied and the same was also confirmed by the Division Bench of this Court in W.A.Nos.1146 and 1147 of 2022, by the judgment, dated 16.08.2022. Therefore, the petitioner submits that the Writ Petition may be allowed.

3. Per contra, Mr.Richardson Wilson, learned Counsel for the third respondent institution would submit the following breakup in the paragraph No.3 of the additional affidavit filed by them, which is extracted hereunder:-

4. The averment of the petitioner that she paid a capitation fee of Rs.5,00,000/- is denied. It is also further stated that as per the tabular column, the books and instruments were supplied and the petitioner also availed the transport facility, for which, Rs.2,70,000/-, is collected. It is submitted that it could be seen that even though they are entitled for a sum of Rs.1,45,000/-, as per the Fee Committee, in the tuition fee column, it is mentioned as Rs.1,30,000/-. Therefore, they are entitled for an additional sum of Rs.15,000/- in that regard. Therefore, even deducting the excess which is collected in the form of library fee, sports fee, lab fee, record books, digital labs fee, extra-curricular fee and miscellaneous fee etc., at best, the excess can only be arrived at Rs.2,46,000/-, which the respondent institution is willing to reimburse.

5. As far as the violation that is complained, it must be seen that the Division Bench order relates to the earlier point of time and after the instances, there is no complaint as against the institution. The learned Counsel further submit that as far as the degree is concerned, there are seven students along with the petitioner for whom the third respondent has to apply. The third respondent institution can apply as and when the University opens the portal and since the portal was opened yesterday, the particulars were already uploaded. Therefore, the petitioner, along with others, will receive the certificate also.

6. I have considered the rival submissions made on either side and perused the material records of the case.

7. At the outset, it is essential to extract the following portion of the fee