Dismissed
Jiyavudeen .K v. The Secretary
Madras HCWP(MD)/7638/2024
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from the order text
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BEFORE THE MADURAI BENCH OF MADRAS HIGH…
What the court decided
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W.P(MD)No.7638 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.06.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.7638 of 2024
K.Jiyavudeen ... Petitioner
Vs.
Ministry of Higher Education Department, Fort St.George, Chennai-600 009.
3.The Registrar, Tamil Nadu Dr.MGR Medical University, No.69, Anna Salai,
Guindy, Chennai-600 032.
4.The Chairman/Dr.Leela Bai Rajendran, White Memorial Homeo Medical College & Hospital, Attoor, Yettacode Village, Veeyannoor Post-629 177, Kanyakumari District.
White Memorial Homeo Medical College & Hospital, Attoor, Yettacode Village, Veeyannoor Post-629 177, Kanyakumari District.
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W.P(MD)No.7638 of 2024
6.The Manager, Indian Overseas Bank, Sakkarakottai, Ramanathapuram Taluk & District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 2nd and 3rd respondents to direct the 4th and 5th respondents to return back the petitioner's deposited and paid amounts of Rs.6,38,000/- to him based on his representations dated 07.08.2023, 22.01.2024 and 19.03.2024 within a time limit that may be stipulated by this Court.
For Petitioners : Mr.A.Prasanna Rajadurai
For Respondents : Mr.M.Sarangan Additional Government Pleader for R1 to R3 : Mr.K.Ragatheesh Kumar for M/s.Isaac Chamber for R4 & R5
ORDER
Heard both sides.
year 2017-18 in BHMS degree course conducted by them. The petitioner alleges that he was subjected to severe physical and mental harassment and forced to discontinue the course. The petitioner filed W.P.(MD)No.17344 of
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W.P(MD)No.7638 of 2024
2019 for cancelling the recognition accorded to the college. The writ petition was dismissed by me on 22.12.2022 granting liberty to the petitioner to move this Court for any other relief. The learned counsel for the petitioner states that availing such liberty, the present writ petition came to be filed.
W.P(MD)No.7638 of 2024
photographs enclosed at page No.46 of the typed set of papers. Two sets containing two thousand rupee notes is shown kept on the table of a college staff. This by itself may not be proof to show that the petitioner had paid a sum of Rs.4,50,000/- as caution deposit. The writ Court cannot be called upon to undertake a detailed investigation into facts. The material on record is not sufficient to come to any definite conclusion that caution deposit of Rs.4,50,000/- was paid by the petitioner to the college management. As regards the refund of the course fee, I find merit in the contention of the counsel for the college management that since the petitioner was not dismissed by the college and since the petitioner had undergone the course, the question of making refund will not arise at all. I am not in a position to grant any relief to the petitioner.
6. The Writ Petition is dismissed. No costs.
03.06.2024 Index : Yes / No Internet : Yes/ No rmi
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W.P(MD)No.7638 of 2024
To
1.The Secretary, Ministry of Higher Education Department, Fort St.George, Chennai-600 009.
3.The Registrar, Tamil Nadu Dr.MGR Medical University, No.69, Anna Salai, Guindy, Chennai-600 032.
W.P(MD)No.7638 of 2024
G.R.SWAMINATHAN, J.
rmi
W.P(MD)No.7638 of 2024
03.06.2024
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1 issue framed by the court
Whether the college must refund the caution deposit and course fee paid by a student who discontinued the BHMS course alleging harassment.
1 provisions across 1 enactments
K.Jiyavudeen
The Secretary, Ministry of Higher Education Department
The District Collector, Nagercoil, Kanyakumari District
The Registrar, Tamil Nadu Dr.MGR Medical University
The Chairman/Dr.Leela Bai Rajendran, White Memorial Homeo Medical College & Hospital
The Principal, White Memorial Homeo Medical College & Hospital
G.R.Swaminathan
As recorded by the court registry
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