Madras High CourtWP/28906/2022disposed of

S.Raghul v. The Vice Chancellor

2022-11-04Honourable Mr Justice R. Suresh Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Petitioner in S.Raghul ..

W.P.No.28906 of 2022 Petitioner in N.Surya ..

W.P.No.28912 of 2022 Vs

1. The Vice Chancellor Tamil Nadu Dr.Ambedkar Law University (School of Excellence in Law) Poompozhil Dr.D.G.S.Dinakaran Salai Chennai - 600 028.

2. The Registrar Tamil Nadu Dr.Ambedkar Law University (School of Excellence in Law) Poompozhil Dr.D.G.S.Dinakaran Salai Chennai - 600 028.

3. The Director Tamil Nadu Dr.Ambedkar Law University (School of Excellence in Law) Tharamani Respondents in Chennai 600 113.

both W.Ps 1/6

Prayer in W.P.No.28906 of 2022 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the representation dated 23.09.2022 made by the petitioner within the time frame fixed by this Hon'ble Court and to refund the tuition fee of Rs.40,000/- paid by the petitioner at the time of admission along with an interest;

Prayer in W.P.No.28912 of 2022 : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the representation dated 18.08.2022 made by the petitioner within the time frame fixed by this Hon'ble Court and to refund the tuition fee of Rs.40,000/- paid by the petitioner at the time of admission along with an interest.

For Petitioner in both W.Ps :

Mr.A.Arun For Respondents in both W.Ps :

Mr.Arunkumar Rajan Standing Counsel COMMON ORDER The prayer sought for in these writ petitions are a writ of Mandamus, to direct the respondents to consider the representation dated 18.08.2022 and 23.09.2022 made by the petitioners within the time frame fixed by this Hon'ble Court and to refund the tuition fee of Rs.40,000/- paid by the petitioners at the time of admission along with an interest.

2. These petitioners, being the first graduates in their family, under the said quota they got admission in the UG Degree course in Law i.e., B.C.A.LLB (Hons) 2/6

for the Academic Year 2016-2021 and they completed the course also. As per the Government Order which is in vogue, the candidate who is the first graduate in the family can get a concession of tuition fee and the said tuition fee though should not have been collected from the petitioners, since the respondent University has collected the same, in order to get the refund of the said fee the petitioners have given representations on 18.08.2022 and 23.09.2022 to the respondent University. In order to consider the said representations, the petitioners have moved the present writ petitions.

3. Heard Mr.A.Arun, learned counsel appearing for the petitioners and Mr.Arunkumar Rajan, learned Standing Counsel appearing for the respondents.

4. Mr.Arunkumar Rajan, learned Standing Counsel appearing for the respondents would submit that, insofar as the second year to fifth year are concerned, the fee has already been either returned or the fee has not at all been collected. Insofar as the first year alone, the fee has been collected by the respondent University and has to be refunded by the respondents to the petitioners. Therefore, in this regard, the representation submitted by the petitioners respectively dated 18.08.2022 and 23.09.2022 would be considered accordingly 3/6

and the fee would be refunded to the petitioners within a time frame that may be stipulated by this Court.

5. Recording the said submission made by Mr.Arunkumar Rajan, learned Standing Counsel appearing for the respondents, this Court is inclined to dispose of these writ petitions with the following orders: That there shall be a direction to the respondent University to consider the representations submitted by the petitioners respectively and pass orders thereon for return of the first year tuition fee for the course viz., B.C.A.LLB (Hons) and such return of fee shall be undertaken by the respondent University within a period of four weeks from the date of receipt of a copy of this order.

6. With these directions, these writ petitions are disposed of . There shall be no order as to costs.

04.11.2022 Index: Yes/No drm 4/6

1. The Vice Chancellor Tamil Nadu Dr.Ambedkar Law University (School of Excellence in Law) Poompozhil Dr.D.G.S.Dinakaran Salai Chennai - 600 028.

2. The Registrar Tamil Nadu Dr.Ambedkar Law University (School of Excellence in Law) Poompozhil Dr.D.G.S.Dinakaran Salai Chennai - 600 028.

3. The Director Tamil Nadu Dr.Ambedkar Law University (School of Excellence in Law) Tharamani, Chennai 600 113.

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R. SURESH KUMAR, J.

(drm) 04.11.2022 6/6