ORDER

This Writ Petition is filed to quash the order dated 01.10.2019 and the consequential order dated 06.11.2019.

2. The petitioner Institution is the Self Finance College affiliated to Anna University. The fifth respondent namely, M.Arasakumar joined the petitioner College during the period 2016-2017 in B.E., Mechanical Engineering under management quota. He was accommodated in the College hostel and has completed two semesters. As per G.O.Ms.No.92 Adi Dravidar and Tribal Welfare Department dated 11.09.2012, the tuition fee of the students, who are belonging to Scheduled Caste will be paid by the Government, if they attended the University Examinations. The fifth respondent being a Scheduled Caste is entitled to the benefit of the said Government Order. Accordingly, he was admitted to the petitioner College without paying tuition fees, but he has to pay other fees for University Registration, Uniforms, Books and Note Books, Examination Fee and Hostel Fee to the tune of Rs.58,000/- per year, but he did not choose to pay the same. However, the petitioner College has paid the University Registration Fee and Examination fee to him due to the welfare of the students and for continuing his studies and also granted registration number in Anna University. They also provided the Books, Uniforms, Accommodation and Food etc. The contention of the petitioner is that the fifth respondent failed to attend the College and he did not attend the University Examination in both semesters. Hence, the State Government denied to provide tuition fee which the petitioner College has paid on behalf of the fifth respondent. While that being so, during the end of the year 2018, the fifth respondent came to the College and requested to return back the original certificates, original Transfer certificates and other certificates, which were submitted by the fifth respondent. At first instance the petitioner College denied to issue Transfer Certificate, but later on the College had said that the Transfer Certificate will be issued with an endorsement of “Discontinued”. Also insisted the fifth respondent to pay the fee arrears for Hostel, University Registration and Examination fee, Book fee and Uniforms and Tuition fee, since the Government Aid for tuition fee was denied due to non-attending of the University Examinations.

3. Aggrieved over the same, the fifth respondent preferred a petition before the Lok Adalat. The Lok Adalat has issued notice to the petitioner College on 26.08.2019, 09.09.2019, 16.09.2019 and 30.09.2019. After receipt of the notices, the petitioner did not respond. Hence, the Permanent Lok Adalat has passed the impugned order dated 01.10.2019 directing the Police officials to register complaint against the petitioner. On receipt of such communication, the petitioner College has submitted a representation on 29.10.2019. On receipt of the same, subsequent impugned order dated 06.11.2019 was passed, wherein, it has directed the Anna University to submit an explanation whether the certificates can be withheld, when the student has discontinued his studies.

Challenging both the orders, the petitioner is before this Court.

4. The contention of the petitioner is that without conciliation proceedings, the Permanent Lok Adalat by invoking Section 22 of the Legal Services Authorities Act, 1987, cannot pass any orders. When the issue was raised before this Court, this Court has directed the Bar to assist the Court. The Learned Counsel, Vijay Sathya in order to assist the Court has filed the Typed Set, wherein the Hon'ble Supreme Court in Civil Appeal No.3872 of 2022 has categorically held that conciliation proceeding is mandatory. The relevant portions are extracted hereunder:

23 We must now address the first issue, i.e., whether the conciliation proceedings before the Permanent Lok Adalat are mandatory before it can decide a dispute on its merits.

24 This issue is clearly resolved from a bare reading of Section 22-C. Section 22- C provides a step-b