Petitioner sought writ directing the college to refund scholarship/tuition fees taken in contravention of university instructions. Court treated failure to appear as admission of facts and ordered refund with costs.
Directed to refund Rs. 63,700/- to petitioner along with cost of Rs. 25,000/-; University directed to issue show cause notice.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:07.11.2019
Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Writ Petition No.13211 of 2019
K.Sathishkumar .. Petitioner
/versus/
1.The Director, Centre for Students Affairs, Anna University, Chennai 600 025.
2.Lord Venkateshwara Engineering College, Rep.by its Principal Pulliyampakkam, Kanchipuram district. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent namely, Lord Venkateshwara Engineering College rep by its Prinicpal, Pulliyampakkam, Kanchipuram District to refund the scholarship amount to the petitioner with interest within a stipulated time.
For Petitioner :Ms.T.Nithya
For Respondents:Mr.L.P.Shanmugasundaram
This Writ Petition has been filed praying to issue a Writ of Mandamus directing the 2nd respondent namely, Lord Venkateshwara Engineering College rep by its Prinicpal, Pulliyampakkam, Kanchipuram District to refund the scholarship amount to the petitioner with interest within a stipulated time.
2.The second respondent-College, which is affiliated to the first respondent-University, inspite of notice, has not been engaged a counsel or appeared in-person to answer the question of the petitioner, who is the Ex-student of the second
respondent-College belonging to the Scheduled Caste community that his tuition fees collected by the second respondent-College to the tune of Rs.63,700/- has not been refunded as per the instructions of the University.
3.Since the allegations made against the second respondentCollege has not been denied by the second respondent-College by filing any counter, this Court takes the allegation as true and proved and therefore, the second respondent is hereby directed to refund the tuition fees of Rs.63,700/- to the petitioner herein along with the cost of Rs.25,000/- for driving the petitioner to the Chief Minister(Cell) and thereafter to file the writ petition under Article 226 of the Constitution of India.
4.Further, the first respondent is directed to issue show cause notice and take action against the second respondentCollege since it has misappropriated the scholarship amount payable to the petitoner herein. Such action shall include reduction of seat or withdrawal of affliation. 5.Accordingly, this writ petition is allowed with cost of Rs.25,000/-to the petitioner. s/dAssistant Registrar(CO) True Copy Sub-Assistant Registrar ari To: The Director, Centre for Students Affairs, Anna University, Chennai 600 025. +1 CC to Mr.L.P.Shanmugasundaram, Advocate sr 92943. +1 CC to M/s.T. Nithya, Advocate sr 92936. W.P.No.13211 of 2019 PPA(CO) SP(05/12/2019)
2 issues framed by the court
Whether the college is liable to refund the scholarship/tuition fees to the petitioner in light of the university's instructions.
Whether the college shall be directed to refund the amount along with costs and interest.
1 provisions across 1 enactments
K. Sathishkumar
Director, Centre for Students Affairs, Anna University, Chennai
Lord Venkateshwara Engineering College
G. Jayachandran
As recorded by the court registry
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