This Writ Petition has been filed to direct the respondents 1 and 3 to take such necessary action on the compliant dated 01.10.2008 made by the petitioner as against the second respondent for the refund of the amount of Rs.1,76,000/-, with interest paid by the petitioner to the second respondent for admission into the Aeronautic Engineering Course for the academic year 2008-2009 within the stipulated period of time.
2. The petitioner who had joined in the first year B.E., Aeronautical Engineering Course in the Academic year 2008-2009 with the second respondent college, had paid a sum of Rs.1,17,000/- towards tuition fees, hostel fees etc., on 04.09.2008. It is the case of the petitioner that he had been regularly attending the classes from 04.09.2008 and that owing to the ragging of Senior students he was constrained to leave the second respondent / institution. When the petitioner had requested the second respondent to refund the tuition fees and other fees of Rs.1,17,000/-, the second respondent / institution had refused and hence, the present Writ Petition has been filed.
and therefore, he is entitled to entire amount paid to the second respondent / college.
4. The learned counsel appearing for the second respondent, on the other hand, submitted that the petitioner had paid a sum of Rs.1,17,000/- towards book fees, mess fees, hostel room rent, apart from the tuition fees and that the petitioner's claim that he had paid a sum of Rs.1,76,000/- is false. He further submitted that petitioner's allegation that he was constrained to leave the college due to the ragging of the senior students is also false. As a matter of fact, the petitioner had voluntarily left the institution for the purpose of joining some other college and that the petitioner had utilized the college as well as hostel rooms till 6.09.2008. He has also stated that in view of the dis-continue of the petitioner the institution had lost one seat, causing a loss to them. He also brought to my notice that when the petitioner had requested for refund they had taken a sympathetic view and refunded a sum of Rs.39,500/-, even though, the said amount is non-refundable. While receiving Rs.39,500/-, the petitioner had executed a receipt on 08.09.2008, acknowledging the same. Furthermore, the petitioner had also specifically given a letter on 08.09.2008 stating that he had dis- continued the studies on his own wherein, he had not mentioned about the ragging by the senior students.
5. I have perused the receipt filed by the second respondent as well as letter given by the petitioner's father on 08.09.2008. As rightly pointed by the learned counsel appearing for the 2nd respondent, the letter given by the petitioner at the time of dis-continuing does not refer to anything about ragging he had suffered in the college. On the other hand, petitioner's father's letter reads to the effect that his son is discontinuing the course on his own choice. It is further seen that the petitioner had stayed in the hostel in the second respondent/ institution for more than two months had also attended the classes during that period. There is no justification on the part of the petitioner, for having come forward with the present petition stating that he had left the institution owing to the ragging activities of the senior students. Apart from the mere allegation made in the affidavit, there is nothing on record to show that the petitioner was subjected to ragging. There is no reason for this Court to dis-believe the receipt executed by the petitioner of having received a sum of Rs.39,500/-, as well as the letter given by the petitioner's father.
6. Under these circumstances, I do not find any merits in the claim petition. Accordingly, the Writ Petition is dismissed. No costs.
To
1.The District Registrar, Kumbakonam Registration District, Kumbakonam, Tanjore District.
2.The Sub Registrar, Swamymalai Sub Registrar Office, Kumbakonam, Tanjore District..