C. KUMARAVEL Vs. CO

JUDGEMENT

(1.) The writ petition has been filed seeking a direction to refund a sum of Rs. 46,059/-(Rupees Forty Six Thousand and Fifty Nine Only) with 12 % interest till the date of refund.

(2.) According to the petitioner, the petitioner's son completed his Higher Secondary Course during March 2017, and secured 680 marks out of 1200, and also he applied for attending Joint Entrance Examination, paid participation fees, and secured 70 marks and also declared as an eligible candidate. Thereafter, a seat was allotted to the petitioner's son in B.E., Smart Manufacturing Course in the second respondent college, and the petitioner also paid fees in the second respondent college. When the petitioner approached the second respondent, the second respondent refused to admit his son stating that minimum educational qualification for admission of the above course is 75%, but the petitioner's son secured only 57.8% in the higher Secondary Course. Hence, he is not qualified, and the second respondent also refunded the fees paid by the petitioner. In such circumstances, since the petitioner's son was not admitted in the second respondent college, the first respondent/Central Seat Allocation Board ought to have refunded the participation fees paid by the petitioner. He has also made a representation to the first respondent. But, so far no order has been passed on the representation of the petitioner, hence, the present writ petition has been filed.

(3.) The second respondent has filed a counter affidavit stating that annexure 2(b) of the rules prescribes norms for assessing performance in Class XII (or equivalent) examination and the candidate should satisfy at least one of these two criteria: (i)The candidate is within the category-wise top 20 percentile of successful candidates in their respective class XII (or equivalent) examination of respective stream and Board. (ii)The Candidate has secured minimum 75% (for GEN or OBC-NCL) or minimum 65% (for SC, ST or PWD) of aggregate marks in the Class XII (or equivalent) examination of respective stream and Board.