A.Brijesh vs University Grants Commission - 2026 Supreme(Online)(Mad) 8904

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2026 Supreme(Online)(Mad) 8904

MADURAI BENCH OF MADRAS HIGH COURT
R. Vijayakumar, J
A.Brijesh – Appellant
Versus
University Grants Commission – Respondent
W.P.(MD).No.1120 of 2026

Important Points

Educational institutions must return original certificates to students who discontinue their courses, but tuition fees are not necessarily refundable if the student has attended classes for a substantial period.

Subject

Civil - Education Law

Act Referred

Constitution of India: Art.226

Headnote

The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a direction for the return of original educational certificates and the refund of tuition and capitation fees after discontinuing a B.Tech course. The petitioner had attended the course for 86 days before discontinuing. The court found that while the institution was willing to return the certificates, the claim for a refund of tuition fees was not sustainable given the duration of attendance. The primary issue was whether a student who discontinues a course after attending classes for a significant period is entitled to a refund of tuition fees and the return of original certificates. The court reasoned that since the student attended classes for 86 days, the question of refunding the first-year tuition fees does not arise. With the above direction, this writ petition stands disposed of.

Advocates:
For the Appellants/Petitioners: Xavier Deva Sahayam
For the Respondents: P.T. Thiraviyam, R. Velmurugan

Table of Content
1. request for return of certificates and fee refund upon course discontinuation. (Para 1 , 2)
2. non-refundability of fees due to attendance and willingness to return certificates. (Para 3)
3. direction to return certificates and rejection of fee refund. (Para 4 , 5)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the third to fifth respondents herein to forthwith return all the original educational certificates of the petitioner and to refund the entire fees collected from the petitioner, including capitation fee, and to forbear the said respondents from demanding any further fees after cancellation of admission.

O R D E R

The present writ petition has been filed seeking a direction to the third to fifth respondents to forthwith return all the original educational certificates of the petitioner and to refund the entire fees collected from the petitioner, including capitation fees, and to forbear the said respondents from demanding any further fees after cancellation of admission.

2. According to the learned counsel appearing for the petitioner, the petitioner had joined the B.Tech. (Information Technology) course in the third respondent University for the academic year 2025–2026. After attending the college for 86 days, the petitioner discontinued the course. However, the respondent University has not refunded the tuition fees and capitation fees. Hence, the present writ petition.

3. The learned counsel appearing for the third to fifth respondents submits that no capitation fees were collected from the petitioner. He further submits that since the petitioner attended classes for 86 days, the question of refund of the tuition fees paid for the first year does not arise. He also submits that the respondents are ready to return the original educational certificates to the petitioner, if the petitioner approaches the University in person.

4. In view of the above facts, the third respondent University is directed to return the original educational certificates to the petitioner as and when the petitioner appears in person before the third respondent University. As far as the prayer for refund of fees, including capitation fees, is concerned, the same stands rejected.

5. With the above direction, this writ petition stands disposed of. No costs.