Educational institutions must adhere to guidelines on tuition refunds while considering individual circumstances.

Prayer: This writ petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 1 to 3 to issue direction to the 5^th respondent to refund the tuition fee paid to the tune of Rs.2,25,000/- (Rupees Two Lakhs Twenty Five Thousand only) for the academic year 2024-2025 towards joining GP rating course by considering petitioner’s representation dated 17.02.2025. For Petitioner(s): Mr.J.Manikandan For Respondent(s): Mr.E.Sundaram, Government Advocate for R1 and R3 Ms.V. Sudha for R2 M/s. K.Srinivasa Murthy Senior Panel Counsel for R4 Mr.D.Rajagopal for R5

ORDER

The writ petition is filed for a direction to refund the tuition fee paid to the tune of Rs.2,25,000/- for the academic year 2024-2025, towards joining the GP rating course, by considering the petitioner’s representation dated

17.02.2025.

2. The case of the petitioner is that the petitioner joined the GP rating course in the fifth respondent institution with effect from 01.01.2025 and paid the entire fee for the course being Rs.2,25,000/- on the same day. However, the petitioner, who hails from Kanyakumari, started staying in the college premises, within one week, he became ill and had to go to his native, wherein, he was diagnosed with pancreatic problem and was advised to undergo a surgery. Therefore, realising that he will not be in a position to continue the course, immediately thereof, on 13.01.2025 informed by his email, that he will be discontinuing the course. On 17.01.2025, the same was also acknowledged and he was directed to complete the exiting formalities. Accordingly, the petitioner also completed the exiting formalities and got back his certificates. But, however, the fee is not refunded.

3. According to the learned counsel for the petitioner, as per the guidelines issued by the University Grants Commission, which is also adopted and followed by the other organisations, if the discontinuation is notified within 15 days after the formally notified last date of admission, then 80% of the fees should be returned. The same is not being done, and hence, the petitioner is before this Court.

4. The writ petition is resisted by filing a counter affidavit and also by filing a set of papers on behalf of the institution. The learned counsel would point out to the affidavit that is filed at the time of admission, thereby the student and the parents had given a joint undertaking categorically acknowledging that no part of the fee will be refunded once paid. Thereafter, when they completed the exiting formalities also, they had duly signed, by saying that they have no dues from the college and no claims against the college. The cancellation policy of these courses are categorically mentioned in the prospectus and also a specific policy document is also signed both by the management of the college and the student which categorically states that if the candidate withdraws from the course after the course commencement, the fee paid shall stand forfeited. Therefore, in view of the express contract and in view of the express undertaking and also the letter executed by saying that there will be no dues, the institution cannot be ordered to refund the fees.

5. I have considered the rival submissions made on either side and perused the material records of the case.

6. There is no dispute that the admission was on 01.01.2025. Immediately upon realising his physical condition, the petitioner notified his discontinuance to the college on 13.01.2025. The same is even acknowledged by the mail on 17.01.2025 and formalities were also completed by 04.02.2025. Now as per the contract that is between the college and the student, the fee is not refundable. In matters of education, when the coll