IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.No.21036 of 2019

M.Gurumurthy

... Petitioner

Vs.

1.The Principal,

Institute of Road and Transport Technology,

Vasavi College P.O.,

Suriyampalayam,

Erode – 638 316.

2.Secretary,

Tamil Nadu Engineering Admissions (TNEA)

Anna University,

Guindy,

Chennai – 600 025.

3.Registrar

Anna University,

Guindy,

Chennai – 600 025.

... Respondents

Prayer:

Petition filed under Article 226 of the Constitution of

India to issue a Writ of Mandamus directing the first respondent

to refund the sum of Rs.61,855/- (Rupees Sixty One Thousand

Eight Hundred and Fifty Five only) being the fees paid by the

petitioner herein.

For Petitioner : M/s.Kaushik N.Sharma

For Respondents : Mr.Thiyaparan for R1

for M/s.Kala Ramesh

Mr.C.Jaya Prakash for R2

Government Advocate (Hr. Edn.)

Mr.L.P.Shanmugasundaram for R3

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O R D E R

The petitioner has filed this writ petition seeking

issuance of Writ of Mandamus directing the first respondent to

refund the sum of Rs.61,855/- (Rupees Sixty One Thousand Eight

Hundred and Fifty Five only) being the fees paid by the

petitioner.

2.The case of the petitioner is that the petitioner's son

took part in the Tamil Nadu Engineering Admissions – 2017

conducted by the second respondent and was allotted Civil

Engineering at the Institute of Road and Transport Technology,

Erode on 28.07.2017 and fees of a sum of Rs.61,855/- was paid to

the account of the first respondent.

Thereafter, the

petitioner's son was admitted into the course of B.Sc.(Hons.)

Agriculture in the counselling conducted by the Tamil Nadu

Agricultural University, Coimbatore, on 11.09.2017 and the same

was intimated to the first respondent. Thereafter, the

petitioner sought for refund of the fees paid, however, the

first respondent refused to refund the fees paid. Hence, this

writ petition.

3.The learned counsel appearing for the petitioner

submitted that this Court may issue direction to the first

respondent to refund the fees collected at the time of the

petitioner's son's admission since the petitioner's son joined

the course of B.Sc.(Hons.) Agriculture.

4.The learned counsel appearing for the first respondent

submitted that as per the Circular dated 07.08.2017 issued by

the third respondent Anna University, in the event of a student

withdrawing before the starting of the course, the entire fee

collected from the student, after a deduction of processing fee

of not more than Rs.1,000/- shall be refunded by the Institution

and if a student leave after joining the course and if the

vacated seat is consequently filled by another student by the

last date of admission, the Institution shall refund the fee

collected, after a deduction of processing fee of not more than

Rs.1,000/- and proportionate deductions of monthly fee and

proportionate hostel rent, where applicable.

5.The learned counsel appearing for the first respondent

further submitted that in the present case, the petitioner's son

attended classes from 28.08.2017 till 08.09.2017 and thereafter

joined the course of B.Sc.(Hons.) Agriculture and subsequently,

the seat was not filled and said seat closed. Hence, the

petitioner is not entitled for entire fees. The learned counsel

further submitted that the sum of Rs.3,300/- paid by the

petitioner towards his son's University Exam Fees was already

returned to the petitioner and that the petitioner is entitled

to a sum of Rs.5,000/- being the caution deposit.

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6.Admittedly, the petitioner's son joined the course of

Civil Engineering at the Institute of Road and Transport

Technology, Erod