The court held that students are entitled to a refund of fees based on the University Grants Commission's refund policy, despite previous lack of recognition of courses.

COMMON JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

Writ appeals have been instituted challenging common order passed by writ Court in a batch of writ petitions on 01.08.2018.

2. Writ petitioners/students instituted writ petitions seeking refund of fee paid by them to appellant/Saveetha School of Law on the ground that the appellant admitted students to Law course without recognition from the Bar Council of India.

3. Writ Court adjudicated the issues and granted relief by directing appellant to repay the entire fee collected from writ petitioners.

4. Mr.P.Wilson, learned senior counsel appearing on behalf of appellant would mainly contend that as per prospectus, refund policy had been agreed between college management and students. Since they have agreed to refund policy and given an undertaking, they are bound by the conditions stipulated and as per policy, refund will be made to writ petitioners/students. Refund policy has been adopted by appellant based on guidelines issued by University Grants Commission. Thus, said guidelines are binding on appellant University as well as students who secured admission to Law course in appellant University.

5. Learned counsel appearing on behalf of Bar Council of India would submit that courses were started by appellant University without obtaining recognition/approval from Bar Council of India. However, Bar Council of India granted retrospective approval for running B.B.A., L.L.B., (Honors) and B.A., L.L.B., (Honors) till the year 2017 and 2018. Learned counsel would submit that refund policy has been notified by Bar Council of India on 20.10.2023. However, said policy cannot be adopted in respect of cases on hand since admissions were made during academic year 2017-2018.

6. Learned counsel appearing on behalf of writ petitioner in W.P.No.22391 of 2018 would submit that Mr.V.Vignesh, son of writ petitioner, undergone Law course for one year in appellant university. Since Law course was not recognised by Bar Council of India, he left the college and joined in some other course. Thus, he is entitled for the refund of entire fee and writ petition has to be allowed.

7. This Court has considered rival submissions made between parties to lis on hand.

8. University Grants Commission's Notification on Remittance and Refund of Fees and Other Student-centric Issues issued in December, 2016 would provide refund policy. Clauses 4.2.3, 4.2.4 and 4.2.5 of Notification read as under:

'4.2.3. If a student chooses to withdraw from the program of study in which he/she is enrolled, the institution concerned shall follow the following four-tier system for the refund of fees remitted by the student.

*(Inclusive of course fees and non-tuition fees but exclusive of caution money and security deposit) 4.2.4 In case of (1) in the table above, the HEI concerned shall deduct an amount not more than 10% of the aggregate fees as processing charges from the refundable amount.

4.2.5 Fees shall be refunded by all HEIs to an eligible student within fifteen days from the date of receiving a written application from him/her in this regard.

9. In lieu of Notification issued, said refund policy has been adopted by appellant college in their prospectus. It is needless to state th