M DIVYA PRABHA Vs. TAMIL NADU AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) THIS writ petition has been filed praying for a writ of Mandamus directing the respondent to refund the fee of Rs.32,100/-, received from the petitioner, in respect of B.Tech (Agri. Biotech) course, for the academic year 2004-2005, by the petitioner. The petitioner has stated that after completing her 12th standard, she had applied for admission in the under Graduate Course, for the Academic Year 2004-2005 and she was allotted a seat for B.Tech (Agri, Biotech) and a communication was sent to the petitioner, by a letter, dated 15.07.2004, issued by the respondent. Accordingly, the petitioner had paid a total sum of Rs.32,100/-, as fees, to the respondent and subsequently, she had got an intimation for counseling for the B.D.S. seat from the selection committee, by a communication, dated 16.08.2004. After the selection she was allotted a B.D.S. seat at Saveetha Dental College & Hosipitals. Following her admission in the B.D.S. course, she had to relinquish her seat at the respondent university. Under such circumstances, the petitioner has filed the present writ petition before this Court, under Article 226 of the Constitution of India.

(2.) EVEN though no counter affidavit has been filed on behalf of the respondent, the learned counsel appearing for the respondent had placed before this Court, the information brochure of the Tamil Nadu Agricultural University, Coimbatore, relating to the under graduate admission, for the Academic year 2004-05, wherein, it has been stated that if a student discontinues the course in the middle of the programme, only the caution money deposit will be refunded. From the affidavit filed by the petitioner, it is seen that she had attended B.Tech.(Agri. Biotech.) course for nearly a month after her admission.