C OMMON O RDER

Since the issue involved in these two Writ Petitions as well as the facts and circumstances and parties are common, the same are taken up together and being disposed of by this common order.

2. For the sake of clarity, this Court feels it appropriate to deal with the Writ Petitions separately.

W.P.No.33407 of 2008:

3. This Writ Petition has been filed to issue a Writ of Mandamus, directing the 6th respondent, the Director, Madha Dental College & Hospital, to issue the course completion certificate to the petitioner, for she having completed the four years course successfully, and also to permit the petitioner to complete the internship without insisting for any payment.

4. Heard Mr.S.Patrick, learned counsel for the petitioner, Mr.E.Sundaram, learned Government Advocate for respondents 1 & 2, Mr.D.Ravichander, learned Standing counsel respondents 3 & 4, Ms.Rita Chandrasekar for M/s.Aiyar & Dolia for respondents 5 to 7 and Mr.S.Haja Mohideen Gisthi, learned counsel for respondent 8 and perused the entire materials available on record.

5. Mr.S.Patrick, learned counsel for the petitioner would submit that the petitioner joined Bachelor of Dental Surgery (BDS) at the 6th respondent-College, in the year 2013, which is a self-financing College affiliated to Tamil Nadu Dr.MGR Medical University. The 6th respondent is conducting four years course producing a distinction student every year. The grievance of the petitioner is that, instead of paying stipend for internship, which is a normal practice in Institutions, the Management of the College has been demanding fee from the students for undergoing such internship, which is illegal.

5.1 The learned counsel would point out that, while the Prospectus issued by the Selection Committee, Directorate of Medical Education representing the Government of Tamil Nadu, prescribed Rs.1,00,000/- as fee for the year 2013-14, the 6th respondent issued a letter, claiming Rs.2,00,000/- every year (towards Tuition fee for Rs.1,15,000/-; hostel fee for Rs.60,000/- and Laboratory/extra curricular activities Rs.25,000/-, etc.). The petitioner paid Rs.10,27,000/- through a Demand Draft and Rs.5,28,000/- by cash totalling to Rs.15,55,000/-. Out of the aforesaid amount, Rs.4,00,000/- was paid towards capitation fee.

5.2 The learned counsel for the petitioner, the petitioner has completed all the examinations during four years period from 2013 to 2017 and passed a final year examination in August 2017. While the Compulsory Rotatory Residential Internship (CRRI) for all the students commenced from 5th October, 2017, 6th respondent-College restrained the petitioner alone from joining such internship, which is a mandatory requirement for completing the BDS course and demanded a sum of Rs.3,45,000/- for permitting the petitioner to undergo the internship. Thereafter, only at the request made by the petitoner seeking time for making the payment, she was permitted to do internship from 12th November, 2017, i.e after a delay of 33 days. The petitoner paid Rs.25,000/- by cash and Rs.85,000/- on 01.11.2018 by way of Demand Draft to the 6th respondent-College. Thereafter, the petitioner was not permitted to complete the internship for remaining 33 days, and demanded the balance of Rs.2,60,000/- and also refused to give course completion certificate, despite the petitoner successfully completed the course. Aggrieved by the same, the petitoner sent a complaint to the Dental Council, New Delhi, which is a controlling authority of all Dental Colleges.

5.3 The learned counsel for the petitioner would submit that the petitioner got the information regarding fee structure for self financing Colleges for BDS Course through RTI, as per which, the fees fixed for the academic year 2013-14 was Rs.1,15,000/-. While so, the 7th respondent, vide communication, dated 23.4.2019, admitted that they have charged Rs.3,20,000/- per annum as fees from the students as against the fees fixed by the Fee Fixation Committee. Even the resp