← Library
Madras High CourtWP/49277/2025disposed of

Harishwar.I v. The Director- Principal

2026-01-19Honourable Mr.Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-01-2026

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Harishwar.I Petitioner Vs

1. The Director- Principal, Pondicherry Institute of Medical Sciences, Kalathumettupathai, Ganapathichettikulam Village. No.20, Kalapet, Puducherry- 605 014.

2.The Director, Directorate of Health and Family Welfare Services, Main Block of the Old Maternity Hospital Complex, No.1, Victor Simonel Street, Puducherry-605 001. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to refund the excess Annual Fees collected from the petitioner during the MBBS Course together with Normal Bank Interest.

‍ For Petitioner:

Mr.V.B.R.Menon For Respondents:

Mr.V.Vasantha Kumar Additional Government Pleader for R1 Mr.Abishek Jenasenan for R2

ORDER

The writ petition is filed for a mandamus directing the first respondent to refund the excess annual fees collected from the petitioner during the MBBS

Course together with normal bank interest and to pass such further orders.

2. When the matter came up for hearing, the learned counsel for the petitioner pointed out that the matter is no longer res integra, since it is covered by the order of the Hon'ble Supreme Court of India in SLP (Civil) Nos. 1721617219 of 2022.

3. On perusal thereof, it can be seen that the Hon'ble Supreme Court of India has directed the Principal Secretary, Department of Health, Government of Puducherry, to designate a suitable officer to carry out the exercise of computation and after completion of the exercise, pass a speaking order, as early as possible, preferably within two months from the date of submission of the documents.

4. Pursuant thereto, it is now agreed even by the learned counsel appearing on behalf of the first respondent that a nodal officer was appointed and in respect of the students who approached in the said round, the excess was calculated and an order was passed for refund, which was also complied with.

5. In view thereof, this writ petition is disposed of with the following directions:- (i) The Director, Directorate of Health and Family Welfare Services, who was appointed as the designated officer by order dated 16.05.2023, shall also

take up the case of the petitioner. Notice shall be issued to the petitioner as well as the first respondent and the exercise as directed by the Hon'ble Supreme Court of India shall be carried out and final orders passed in accordance with law.

(ii) The said exercise shall be completed within a period of four weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order.

(iii) No costs.

19-01-2026 nsl To

1. The Director- Principal, Pondicherry Institute of Medical Sciences, Kalathumettupathai, Ganapathichettikulam Village. No.20, Kalapet, Puducherry- 605 014.

2.The Director, Directorate of Health and Family Welfare Services, Main Block of the Old Maternity Hospital Complex, No.1, Victor Simonel Street, Puducherry-605 001.

D.BHARATHA CHAKRAVARTHY J.

nsl 19-01-2026