MAJOR K.KAMALANATHAN Vs. UNIVERSITY GRANTS COMMISSION

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsels appearing on behalf of the respondents.

(2.) This Writ Petition has been filed praying that this court may be pleased to issue a Writ of Mandamus, directing the respondents 1 to 3, to refund the fees paid on behalf of the son of the petitioner, namely K.Gokul Kumar, for pursuing his M.B.B.S course, in the 4th respondent University.

(3.) The petitioner's son, namely, K.Gokul Kumar, had joined the M.B.B.S course in the 4th respondent University. K.Gokul Kumar had secured 1110 marks out of 1200 marks, in the Higher Secondary Examination, conducted by the State Board of School Examinations, Tamilnadu, during the month of March, 2015. After having appeared in a number of entrance examinations, he had joined the M.B.B.S course in the 4th respondent University. As the classes for the said course were to commence on 8.7.2015, he had paid a sum of Rs.71,000/- towards the hostel accommodation, mess fee and caution deposit, as required by the 4th respondent University, on 7.7.2015. He had also paid the tution fee of Rs.15,00,000/- for the first year of the M.B.B.S course and Rs.3,15,000/- towards the one-time payment as the University fee and for the admission kit, I-Pad and other equipments. While so, he had been called for counselling, by the Devaraj Urs Academy of Higher Education and Research Medical College, at Kolar, Karnataka, on 26.6.2015. The petitioner's son had joined the 4th respondent University, on 15.6.2015, which is the day on which the Tamil Nadu government's rank list had been published. The counselling was to commence on 19.6.2015 and end on 25.6.2015. Therefore, the petitioner had requested the 4th respondent, on 16.6.2015, to furnish the original certificates of his son, to participate in the counselling and he had also obtained the same. The classes were to begin on 1.9.2015. In the meanwhile, K.Gokul Kumar, had been selected by Amrita Institute of Medical Sciences, Kochi, Kerala. He had appeared in the entrance examination, on 17.5.2015, and the rank list had been published, on 16.6.2015, a day after he had got his admission in the 4th respondent University. As the fee structure of Amrita Institute of Medical Sciences was almost 50% less than that of the 4th respondent University, he had decided to join Amrita Institute of Medical Sciences. He had paid the necessary fees, on 29.7.2015. When the fact of his admission in Amrita Institute of Medical Sciences had been informed to the 4th respondent University, the Vice Principal of the 4th respondent University had compelled the petitioner to sign an 'Undertaking Letter', which was in a printed form. In the Undertaking Letter', dated 31.7.2015, the petitioner had declared and stated that the 4th respondent University did not owe any dues, whatsoever, to the petitioner. The petitioner has stated that he had been compelled to sign the undertaking, under duress. He had been told that he would have to pay a sum of Rs.75,00,000/-, for the entire course of five years, unless he signs the letter of undertaking. Thereafter, the petitioner had made several representations, on 5.8.2015, 7.9.2015 and 15.9.2015, seeking the refund of fees, from the 4th respondent University. He had also sent representations to the first and the second respondents, on 12.10.2015, seeking their intervention in the matter.