This writ petition is filed by the students admitted in the 4th respondent institution in the course of Diploma in Teacher Education for the academic year 2006-07. Admittedly, the petitioners in this petition were admitted during the relevant period. It appears that even though the teachers list has been produced by the 4th respondent management, it has not been approved by the first respondent. By virtue of the orders of this Court, the students have been permitted to write their first year as well as the second year examinations and their results have also been permitted to be published, by an order passed in WP Nos. 16899 of 2008 and 190 of 2009 filed by the 4th respondent management seeking for a direction to the first respondent to declare the results of the students for the first year and second year of D.T.Ed. examination for the academic years 2006-07 and 2007-08 respectively.
2. This Court by an order dated 30.4.2009, taking note of the fact that inspite of non approval of the staff strength, the students were permitted to write two years examinations and the students future should not be affected, has directed the 4th respondent management to pay cost in respect of each of the students at the rate of Rs.5,000/- by way of demand draft drawn in favour of the Commissioner of Social Welfare Department, who inturn was directed to provide necessary study materials, equipments and other materials like clothing, food etc., whichever is barely in need for the students of "Balamandir Kamaraj Trust, No.8, G.N. Chetty Road, T.Nagar, Chennai. It is also held that on compliance of the said condition, the first respondent should publish the results of the students, who have written the D.T.Ed. Examination for the academic year 2007-2008 and issue the diploma certificate.
3. The learned Government Advocate submits that as per the direction given in the above said writ petitions, the management has paid the amount, which has been disbursed to the beneficiaries concerned and thereafter, the results of the first year and second year students were published. Learned Government Advocate would further submit that the certificate of the petitioners were also dispatched by the first respondent to the 4th respondent management, which fact is also not denied by the 4th respondent management. However, it is the contention of the learned counsel for the 4th respondent that the petitioners, who have been admitted in the year 2006-07, have not even paid the tuition fees for two years including the examination fees etc. He also relied upon some of the communications of the students undertaking to pay the arrears of fees to the management after the publication of the results.
4. The learned counsel for the petitioners would deny the same by stating that necessary fees at the rate of Rs.25,000/- has been paid to the management and according to the petitioners no receipt has been issued . The learned counsel for the management would submit that even though the management has every right to recover the amount as per the undertaking given by the students, the management is willing to distribute the first year and second year examination mark sheets, diploma certificate and transfer certificate etc.
5. Recording the said submission made by the learned counsel for the management, it is also relevant at this point to mention that the learned Government Advocate would submit that the Government never fixed Rs.35,000/- as fees for a year. As per the D.T.Ed. Students is concerned, originally, Rs.5,000/- was fixed as tuition fees and challenging the same writ petition has been filed and thereafter, as per the direction of this Court, for the year 2007-08 onwards, an amount of Rs.23,000/- was fixed as tuition fees for every year in respect of the self-financing private educational institution. Be that as it may, as submitted by the learned counsel for the management, it is for the management to take appropriate action against the students for the recovery of such amount, if such amount has not been paid. Whether the amount has been paid or not, it cannot now be decided by this Court under
Article 226 of the Constitution of India, which involves the disputed question of fact.
6. In such view of the matter, recording the submissions made by the learned counsel for the management, this writ petition is disposed of with a direction to the 4th respondent management to distribute the first year and second year mark sheets, original diploma certificate, transfer certificate etc., to the petitioners within a period of two weeks from the date of receipt of a copy of this order. However, it is made clear that it is open to the 4th respondent management to work out his remedy for recovery of any arrears of tuition fees to be paid by each of the student in the manner known to law. No costs. Consequently, M.P.No. 1 of 2009 is closed.