R.Yogesh v. The Director Of Technical
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)No.16546 of 2018 R.Yogesh .. Petitioner Vs.
1.The Director of Technical Education, Anna University Campus, Guindy, Chennai 600 025.
2.The Registrar, Anna University, Guindy, Chennai 600 025.
3.Sree Sastha College Of Engineering, Rep. by its Principal, Chembarambakkam Village Road, Poonmallee, Chennai 600 123.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to impugned proceedings in No.SSCE/STUDENT/2018 dated 05/04/2018 of the 3rd respondent herein and quash the same and consequently direct the 3rd respondent herein to repay a sum of Rs.
1,29,375/- to the petitioner.
For Petitioner : Mr.T.Ponramkumar For R1 : Mr.P.T.Thiraviyam Government Advocate For R2 : Mr.J.John Rajadurai Standing Counsel For R3 : Mr.M.P.Senthil
ORDER
This writ petition is filed seeking to quash the order passed by the 3rd respondent, dated 05.03.2018 in and by which the petitioner's request for refund of the fees paid towards the tuition fees and hostel fees to the 3rd respondent has been rejected and the petitioner seeks a consequent direction that he be paid the same.
2. It is the contention of the petitioner that after completing his 12th standard in the year 2016-17, he had participated in the Government counselling and got admitted in the 3rd respondent college for the stream of B.E (Mechanical) for the academic year 2017-18. On 04.08.2017, the 3rd respondent college had directed the petitioner to remit a sum of Rs.
1,29,375/- towards tuition fees and hostel fees which was paid by him on the very same day. At the time of admission, the petitioner has rendered all the original certificates such as Transfer Certificate, SSLC Mark Sheet, 12th standard Mark Sheet and Community Certificate etc. The classes had commenced on 31.08.2017 and the petitioner had attended class on the said date. Thereafter, he had not attended the class since he was called for counselling for the course of B.Sc (Agriculture) in the Tamil Nadu Agriculture University, Coimbatore. He had participated in the counselling on 03.09.2017 and had got admitted in the Trichy Government College for B.Sc (Agriculture). The Dean of Tamil Nadu Agriculture University had directed the petitioner to submit his original certificates and by letter dated 03.09.2017, he had sought time till 07.09.2017 for submitting the certificates.
3. The petitioner would submit that on 06.09.2017, when he had approached the 3rd respondent to return the original certificates along with the fees remitted by him, the 3rd respondent returned the original certificates, but refused to return a sum of Rs.1,29,375/- paid by him. The
petitioner's father had repeatedly approached the 3rd respondent University. However to no avail, thereafter by letter dated 17.02.2018, the petitioner's father had sent a detailed representation to the 2nd respondent requesting him to direct the 3rd respondent to return the fees and by letter dated 27.02.2018, the 2nd respondent had directed the 3rd respondent to submit their remarks on the request.
4. However, to the utter surprise and shock to the petitioner, the 2nd respondent by letter dated 05.04.2018 had enclosed the impugned order of the 3rd respondent, dated 05.03.2018 bearing No.SSCE/STUDENT/2018. In the impugned notice, the 3rd respondent had submitted that as per the public notice of All India Council for Technical Education, New Delhi, the student concerned is not eligible to get refund of the fees paid. In fact, the Central Government had directed colleges to refund the fees if the student had got an admission into another college. Therefore, in the light of the above, the petitioner has come forward with the above writ in question.
5. Heard the learned counsel on either side.
6. On 10.09.2025, the learned counsel for the petitioner on instructions had stated that the petitioner is willing to receive the hostel fees as he had not occupied the hostel and the matter was posted today in order to enable the learned counsel for the 3rd respondent to revert with instructions. However, when the matter was called today, the learned counsel for the 3rd respondent would submit that he has no instructions in this regard. Therefore, this Court heard the learned counsels on either side.
7. The petitioner's case is that he had joined the 3rd respondent college and attended just a day's class and thereafter, he had been admitted into Trichy Government College for B.Sc (Agriculture). In fact, in the impugned letter, dated 05.03.2018 addressed by the 3rd respondent to the 2nd respondent, they have admitted that the petitioner had attended class on 31.08.2017 and thereafter did not attend the class from 01.09.2017. However, they would submit that he had attended college on
06.09.2018. This statement cannot be countenanced for the simple reason that the petitioner had been admitted into the Trichy Government College on 03.09.2017 itself. The have quoted the public notice of the All India Council for Technical Education, New Delhi to refuse to grant the refund. However, the petitioner has enclosed the newspaper report in the Dinakaran, dated 06.05.2018, Madurai edition where the Central Government has come down heavily on institutions which refuse to refund the fees upon the students being admitted into other colleges. The same news has also appeared in the Tamil Daily Dinamalar on the same day. The 3rd respondent who relies upon the notification of the Central Government has ignored this notification issued by the Central Government.
8. Be that as it may, since the petitioner has agreed to receive only the hostel fees on the earlier date of hearing, the 3rd respondent is directed to refund the amount that has been calculated towards hostel fees, within a period of four (4) weeks from the date of receipt of copy of this order.
9. With the above direction, this Writ Petition stands partly allowed. No costs. Consequently, connected Miscellaneous Petition is closed.
16.09.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Director of Technical Education, Anna University Campus, Guindy, Chennai 600 025.
2.The Registrar, Anna University, Guindy, Chennai 600 025.
3.Sree Sastha College Of Engineering, Rep. by its Principal, Chembarambakkam Village Road, Poonmallee, Chennai 600 123.
P.T.ASHA, J.
gbg 16.09.2025