S ALAGURAJAN Vs. SECRETARY, UNIVERSITY GRANTS COMMISSION (UGC)

JUDGEMENT

(1.) Seeking a direction to the respondents 2 to 4 to refund a sum of Rs.12,39,000/- (Twelve Lakhs Thirty Nine Thousand only) paid by him towards tuition and other fees for 2nd, 3rd and 4th year for his daughter's B.D.S. Course, with interest at the rate of 12% till the date of realization, the petitioner is before this Court.

(2.) The writ petitioner's daughter was a M.B.B.S. aspirant and appeared for NEET Examination UG 2016 and also got qualified. While she was waiting for her counseling call letter, she received the call letter from the second respondent on 08.07.2016 for admission to B.D.S. Course. In the counseling session, she was given admission at the fourth respondent College for B.D.S. course. She had informed the second respondent that she was intending to go for M.B.B.S. course and as the counseling for M.B.B.S. had not commenced, she may be given time till the completion of the M.B.B.S. counseling, but the second respondent rejected her request and instructed her to accept B.D.S. seat immediately, failing which, the same would be allotted to the next candidate in line. Accordingly, the fourth respondent had issued a provisional admission slip on 18.07.2016 and collected a sum of Rs.3,50,370/- towards first year fees and the petitioner's daughter also joined the fourth respondent college on 18.07.2016.

(3.) While so, on 24.09.2016, a call letter from the Admission Committee of Chettinad Academy of Research and Education for M.B.B.S. Course was received by the petitioner's daughter and the counseling was held on 27.09.2016. She also secured a seat in the M.B.B.S. Course and made payment of Rs.15,00,000/- towards first year tuition fees. After joining the M.B.B.S. Course, she discontinued the B.D.S. Course, she had joined earlier. The last class she attended in B.D.S. was on 01.10.2016.