Nadhini Priya v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.07.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Nandhini Priya ... Petitioner
Versus
1. The Director, Directorate of Legal Studies, Purasaiwakam High Road, Kilpauk, Chennai-600 010.
2. The Vice Chancellor.
Tamil Nadu Dr.Ambedkar Law University (School of Excellence in Law), Poompozhil, Dr.D.G.S.Dinakaran Salai, Chennai-600 028.
3. The Registrar, Tamil Nadu Dr.Ambedkar Law University (School of Excellence in Law), Poompozhil, Dr.D.G.S.Dinakaran Salai, Chennai-600 028.
4. The Director, Tamil Nadu Dr.Ambedkar Law University (School of Excellence in Law), Tharamani, Chennai-600113 .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondents to consider the representation dated 1/4
03.01.2022 made by the petitioner within a time frame fixed by this Court and refund the tuition fee of Rs.40,000/- paid by the petitioner at the time of the admission along with an interest.
For Petitioner : Ms.Muthu Yazhini For Respondents : Mr.T.Seenivasan, Spl.Govt.Pleader For R.1 Mr.Arun Kumar Raja Standing Counsel For R.2 to R.4
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents to consider the petitioner's representation dated 03.01.2022 requesting the respondents to refund the tuition fee of Rs.40,000/-(Rupees forty thousand only) on the ground that the petitioner, being the first graduate in her family, is entitled for first graduate scholarship and the respondent ought not to have collected the tuition fee. The petitioner has given a representation on 03.01.2022 to the respondents calling upon them to refund the tuition fee, which according to the petitioner, has been wrongly collected. Since the representation has not been considered till date, the petitioner has filed this writ petition.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing on behalf of the first respondent and the learned Standing Counsel appearing for the respondents 2 to 4. By consent of both the 2/4
parties, this writ petition has been taken up for final disposal at the admission stage itself.
3. Learned counsel for the petitioner has reiterated the contentions raised in the affidavit filed in support of the writ petition in her submission. No prejudice would be caused if final order is passed on the petitioner's representation on merits and in accordance with law within a time frame to be fixed by this court after affording a fair hearing to the petitioner.
4. For the foregoing reasons, this Court directs the third respondent to pass final order on the petitioner's representation dated 03.01.2022, seeking for refund of tuition fee which she has paid on the ground that being a first graduate, and entitled for first graduate scholarship, the respondent ought not to have collected tuition fee, on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order after affording a fair hearing to the petitioner.
5. With the above direction, the writ petition is disposed of. No costs. 05.07.2022 sr Index: Yes/No Speaking Order/Non-Speaking Order ABDUL QUDDHOSE, J 3/4
sr To
1. The Director, Directorate of Legal Studies, Purasaiwakam High Road, Kilpauk, Chennai-600 010.
2. The Vice Chancellor.
Tamil Nadu Dr.Ambedkar Law University (School of Excellence in Law), Poompozhil, Dr.D.G.S.Dinakaran Salai, Chennai-600 028.
3. The Registrar, Tamil Nadu Dr.Ambedkar Law University (School of Excellence in Law), Poompozhil, Dr.D.G.S.Dinakaran Salai, Chennai-600 028.
4. The Director, Tamil Nadu Dr.Ambedkar Law University (School of Excellence in Law), Tharamani, Chennai-600113 05.07.2022 4/4