Court disposed of this writ petition holding that the college misrepresented the fee status. Directed the college to return original certificates with acknowledgment and the Government to reimburse tuition fees within six weeks.
Directions to return original certificates with acknowledgment and to reimburse tuition fees.
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HON’BLE SRI JUSTICE U.DURGA PRASAD RAO WRIT PETITION No.17868 of 2021
ORDER:
The petitioner seeks writ of mandamus declaring the action of 4th respondent in not returning all the original certificates of the petitioner, i.e., 1) 10th Class Marks Memo, 2) Inter Marks Memo, 3) Transfer Certificate, 4) Provisional Certificate, 5) MBA Marks Memo and 6) Caste Certificate, without demanding any amount as fee as illegal, arbitrary and for a consequential direction.
(a) The petitioner joined the 4th respondent college in MBA (2 years) course under Government quota (Free seat) for the academic year 2018-2019 and 2019-2020. At the time of admission, the petitioner submitted all his original certificates to the 4th respondent on 06.06.2018 under due acknowledgment. The 4th respondent also issued a letter dated 12.07.2018 certifying that the petitioner joined in MBA course in their college and he need not pay University Fee etc. However, the 4th respondent has collected amount of ₹10,000/- from the petitioner under various heads without giving any receipts.
(b) While so, the petitioner passed out from the college in the month of October, 2020 and thereafter, sought for return of his original certificates, but the 4th respondent refused to return the certificates on the ground of non-payment of fee and other outstanding dues. The 4th respondent is duty bound to release the original
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certificates deposited by the petitioner at the time of his admission. The personal request of the petitioner has not fructified.
Hence the writ petition.
5th respondent will reimburse the fees.
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As a sequel, interlocutory applications pending, if any, shall
stand closed.
_________________________ U.DURGA PRASAD RAO, J
18.11.2021
Note: issue C.C. by 22.11.2021. B/o.SS/PGT
2 issues framed by the court
Whether the college was legally justified in detaining the petitioners original certificates for alleged unpaid fees when the seat was under a government reimbursement scheme and no fee was demanded
Whether a direction could be issued to the college to return the original certificates and to the Government to reimburse the tuition fees.
Writ Petitioner (MBA Student)
College Authority (4th Respondent)
Government Pleader for Education (5th Respondent)
Standing Counsel (6th Respondent)
Standing Counsel (3rd Respondent)
U.DURGA PRASAD RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
