Madras HC orders college to refund MBBS student's course fee

MADURAI:  The Madurai Bench of the Madras High Court directed an educational institution to hold only the proportionate tuition fee of a medical student who studied only for 12 weeks, and refund the remaining amount, in a petition filed by the student's parent.

According to the petition, the girl joined an MBBS course at Rajah Muthiah Medical College of Annamalai University in August 2016 and the parent signed a bond for joining the course. Later, the student got admission to Velammal Medical College in Madurai. So a request was made to relieve her from the course. Rajah Muthiah Medical College demanded the student pay the entire course fee, which she paid. However, the institute did not refund the first-year tuition fee and withheld a few lahks for violating the bond, the petition added.

The counsel appearing for the petitioner argued that the institution does not have the authority to retain any fees since the vacancy has been filled up by another candidate. The counsel appearing for the university said that the student in compliance with the bond has to pay for its violation.

Justice K Kumaresh Babu, while pronouncing the order, highlighted the UGC public notice that institutions should return the fees collected with proportionate deductions of monthly fees and proportionate hostel rent (where applicable). The judge further noted that the institution cannot claim that they were not bound by the norms fixed by the UGC. The institution is not entitled to hold back the entire tuition fee for the first academic year in this case. The institution, in the court's view, is an unjust enrichment amounting to profiteering and the petitioner will not be bound in the case, the court said and ordered the institution to refund the balance by deducting proportionate tuition fees for the period of 12 weeks.