Madras High Court
The Registrar vs S.Sreekantan Nair on 10 November, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, Mohammed Shaffiq
2025:MHC:2584
2025:MHC:2584
W.A.Nos.2415 to 2422 of 2018 etc.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.11.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
W.A.Nos.2415 to 2422 of 2018
and
W.P.Nos.22391 and 24309 to 24311 of 2018
and
C.M.P. Nos.19548, 19549, 19553 to 19557 and 19559 of 2018
W.A.No.2415 of 2018
The Registrar,
Saveetha School of Law,
Saveetha University,
162, Poonamallee High Road,
Velappanchavadi, Chennai – 600 077. ... Appellant
Vs.
1.S.Sreekantan Nair
2.The Secretary to Government of Tamil Nadu,
Law Department, Chennai – 600 009.
3.University Grants Commission,
South Campus, University of Delhi,
Benito Juarez Marg,
New Delhi – 110 002.
4.The Secretary,
Bar Council of India,
No.21, Rouse Avenue, Institutional Area,
New Delhi – 110 002. ... Respondents
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W.A.Nos.2415 to 2422 of 2018 etc.,
W.A.No.2416 of 2018
1.Saveetha University
rep. By The Registrar,
162, Poonamallee High Road,
Poonamallee, Chennai – 600 077.
2.Saveetha School of Law
rep. By its Principal,
Saveetha University,
No.162, Poonamallee High Road,
Poonamallee, Chennai – 600 077. ... Appellants
Vs.
J.Srinivasan ... Respondent
W.A.No.2417 of 2018
The Registrar,
Saveetha School of Law,
No.162, Poonamallee High Road,
Velappanchavadi, Chennai – 600 077. ... Appellant
Vs.
1.S.R.Sai Priya
2.University Grants Commission,
South Campus, University of Delhi,
Benito Juarez Marg,
New Delhi – 110 002.
3.The Secretary,
Bar Council of India,
No.21, Rouse Avenue, Institutional Area,
New Delhi – 110 002. ... Respondents
W.A.No.2418 of 2018
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W.A.Nos.2415 to 2422 of 2018 etc.,
The Registrar,
Saveetha School of Law,
Saveetha University,
62, Poonamallee High Road,
Velappanchavadi, Chennai – 600 077. ... Appellant
Vs.
1.R.Senthil Kumar
2.University Grants Commission,
South Campus, University of Delhi,
Benito Juarez Marg,
New Delhi – 110 002.
3.The Secretary,
Bar Council of India,
No.21, Rouse Avenue, Institutional Area,
New Delhi – 110 002. ... Respondents
W.A.No.2419 of 2018
1.The Registrar,
Saveetha School of Law,
Saveetha University,
No.162, Poonamallee High Road,
Velappanchavadi, Chennai – 600 077.
2.The Principal,
Saveetha School of Law,
Saveetha University,
No.162, Poonamallee High Road,
Velappanchavadi, Chennai – 600 077. ... Appellants
Vs.
1.M.Sudhakar
2.University Grants Commission,
South Campus, University of Delhi,
Benito Juarez Marg,
New Delhi – 110 002. ... Respondents
W.A.No.2420 of 2018
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W.A.Nos.2415 to 2422 of 2018 etc.,
1.The Registrar,
Saveetha School of Law,
No.162, Poonamallee High Road,
Velappanchavadi, Chennai – 600 077.
2.The Principal,
Saveetha School of Law,
No.162, Poonamallee High Road,
Velappanchavadi, Chennai – 600 077. ... Appellants
Vs.
1.K.Prabhakar
2.University Grants Commission,
South Campus, University of Delhi,
Benito Juarez Marg,
New Delhi – 110 002. ... Respondents
W.A.No.2421 of 2018
1.The Registrar,
Saveetha School of Law,
Saveetha University,
No.162, Poonamallee High Road,
Velappanchavadi, Chennai – 600 077.
2.The Principal,
Saveetha School of Law,
Saveetha University,
No.162, Poonamallee High Road,
Velappanchavadi, Chennai – 600 077. ... Appellants
Vs.
1.P.Santhimani
2.University Grants Commission,
South Campus, University of Delhi,
Benito Juarez Marg,
New Delhi – 110 002. ... Respondents
W.A.No.2422 of 2018
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W.A.Nos.2415 to 2422 of 2018 etc.,
1.The Principal,
Saveetha School of Law,
Saveetha University,
162, Poonamallee High Road,
Chennai – 600 077.
2.The Registrar,
Saveetha University,
162, Poonamallee High Road,
Chennai – 600 077. ... Appellants
Vs.
Manik A.Jain ... Respondent
W.P.No.22391 of 2018
C.Vijayaraman ... Petitioner
Vs.
1.Government of Tamil Nadu
rep. By Secretary to Govt.,
Law Department, Fort St. George,
Chennai – 600 009.
2.University Grants Commission,
South Campus, University of Delhi,
Benito Juarez Marg, New Delhi – 110 002.
3.The Secretary,
Bar Council of India,
No.21, Rouse Avenue,
Institutional Area,
New Delhi – 110 002.
4.The Registrar,
Saveetha School of Law,
Saveetha University,
162, Poonamallee High Road,
Velappanchavadi, Chennai – 600 077. ... Respondents
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W.A.Nos.2415 to 2422 of 2018 etc.,
W.P.No.24309 of 2018
V.Jeganathan ... Petitioner
Vs.
1.University Grants Commission,
South Campus, University of Delhi,
Benito Juarez Marg,
New Delhi – 110 002.
2.The Registrar,
Saveetha School of Law,
Saveetha University,
No.162, Poonamallee High Road,
Velappanchavadi, Chennai – 600 077.
3.The Principal,
Saveetha School of Law,
Saveetha University,
No.162, Poonamallee High Road,
Velappanchavadi, Chennai – 600 077. ... Respondents
W.P.No.24310 of 2018
R.Govindaraj ... Petitioner
Vs.
1.University Grants Commission,
South Campus, University of Delhi,
Benito Juarez Marg,
New Delhi – 110 002.
2.The Registrar,
Saveetha School of Law,
Saveetha University,
No.162, Poonamallee High Road,
Velappanchavadi, Chennai – 600 077. ... Respondents
W.P.No.24311 of 2018
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W.A.Nos.2415 to 2422 of 2018 etc.,
V.Devendra Reddy ... Petitioner
Vs.
1.University Grants Commission,
South Campus, University of Delhi,
Benito Juarez Marg,
New Delhi – 110 002.
2.The Registrar,
Saveetha School of Law,
Saveetha University,
No.162, Poonamallee High Road,
Velappanchavadi, Chennai – 600 077. ... Respondents
Prayer in W.A.Nos.2415 to 2422 of 2018: Writ Appeals filed
under Clause 15 of Letters Patent against the order dated 01.08.2018 made in
W.P.No.16310, 13021, 6614, 9758, 18898, 6612, 18899 and 15593 of 2018.
Prayer in W.P.No.22391 of 2018: Petition filed under Article 226 of The
Constitution of India praying for the issuance of a writ of mandamus directing
the fourth respondent to refund the fees of a sum of Rs.2,42,500/- with interest
at the rate of 12% per annum paid by the petitioner on behalf of petitioner's
son V.Vignesh (Registration No:1317022016) who studied in the 4th
respondent college in the academic year 2017-2018 in accordance with the
judgment of this Court rendered with regard to petitioner's son and such other
similarly placed persons like K.A.Robert James and others in a batch of Writ
Petition Nos.17111, 161310, 9758, 6612, 6614, 15593, 18898, 18899 and
13021 of 2018 dated 01.08.2018.
Prayer in W.P.Nos.24309 to 24311 of 2018: Petition filed under Article
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W.A.Nos.2415 to 2422 of 2018 etc.,
226 of The Constitution of India praying for the issuance of a writ of
mandamus directing the second respondent to refund the tuition fees and
other charges collected from the petitioners with damages.
W.A.No.2415 of 2018
For Appellant : Mr.P.Wilson,
Senior Counsel
for Mr.P.Navaneethakrishnan
For Respondents : Mr.A.Selvendran,
Special Government Pleader for R2
Mr.P.R.Gopinathan for R3
Mr.S.R.Raghunathan for R4
W.A.No.2416 of 2018
For Appellants : Mr.P.Wilson,
Senior Counsel
for Mr.P.Navaneethakrishnan
W.A.No.2417 of 2018
For Appellant : Mr.P.Wilson,
Senior Counsel
for Mr.P.Navaneethakrishnan
For Respondents : Ms.K.Lakshana
for Mr.Dhalapathy Vignesh Kumar
for R1
Mr.P.R.Gopinathan for R2
Mr.S.R.Raghunathan for R3
W.A.No.2418 of 2018
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W.A.Nos.2415 to 2422 of 2018 etc.,
For Appellant : Mr.P.Wilson,
Senior Counsel
for Mr.P.Navaneethakrishnan
For Respondents : Mr.R.Nalliyappan for R1
Mr.P.R.Gopinathan for R2
Mr.S.R.Raghunathan for R3
W.A.No.2419 of 2018
For Appellants : Mr.P.Wilson,
Senior Counsel
for Mr.P.Navaneethakrishnan
For Respondents : Mr.P.R.Gopinathan for R2
No appearance for R1
W.A.No.2420 of 2018
For Appellants : Mr.P.Wilson,
Senior Counsel
for Mr.P.Navaneethakrishnan
For Respondents : Ms.K.Lakshana
for Mr.Dhalapathy Vignesh Kumar
for R1
Mr.P.R.Gopinathan for R2
W.A.No.2421 of 2018
For Appellants .. Mr.P.Wilson,
Senior Counsel
for Mr.P.Navaneethakrishnan
For Respondents .. Ms.K.Lakshana
for Mr.Dhalapathy Vignesh Kumar
for R1
Mr.P.R.Gopinathan for R2
W.A.No.2422 of 2018
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W.A.Nos.2415 to 2422 of 2018 etc.,
For Appellants .. Mr.P.Wilson,
Senior Counsel
for Mr.P.Navaneethakrishnan
For Respondent .. Ms.C.Rekhakumari
W.P.No.22391 of 2018
For Petitioner .. Ms.G.Durga Devi
For Respondents .. Mr.A.Selvendran,
Special Government Pleader for R1
Mr.P.R.Gopinathan for R2
Mr.S.R.Raghunathan for R3
Mr.P.Wilson,
Senior Counsel
for Mr.P.Navaneethakrishnan for R4
W.P.No.24309 of 2018
For Petitioner .. Ms.K.Lakshana
for Mr.Dhalapathy Vignesh Kumar
For Respondents .. Mr.P.R.Gopinathan for R1
Mr.P.Wilson,
Senior Counsel
for Mr.P.Navaneethakrishnan
for R2 and R3
W.P.No.24310 of 2018
For Petitioner .. Ms.K.Lakshana
for Mr.Dhalapathy Vignesh Kumar
For Respondents .. Mr.P.R.Gopinathan for R1
Mr.P.Wilson,
Senior Counsel
for Mr.P.Navaneethakrishnan for R2
W.P.No.24311 of 2018
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W.A.Nos.2415 to 2422 of 2018 etc.,
For Petitioner .. Ms.K.Lakshna
for Mr.Dhalapathy Vignesh Kumar
For Respondents .. Mr.P.R.Gopinathan for R1
Mr.P.Wilson,
Senior Counsel
for Mr.P.Navaneethakrishnan for R2
COMMON JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
Writ appeals have been instituted challenging common order passed by
writ Court in a batch of writ petitions on 01.08.2018.
2. Writ petitioners/students instituted writ petitions seeking refund of fee
paid by them to appellant/Saveetha School of Law on the ground that the
appellant admitted students to Law course without recognition from the Bar
Council of India.
3. Writ Court adjudicated the issues and granted relief by directing
appellant to repay the entire fee collected from writ petitioners.
4. Mr.P.Wilson, learned senior counsel appearing on behalf of appellant
would mainly contend that as per prospectus, refund policy had been agreed
between college management and students. Since they have agreed to
refund policy and given an undertaking, they are bound by the conditions
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W.A.Nos.2415 to 2422 of 2018 etc.,
stipulated and as per policy, refund will be made to writ petitioners/students.
Refund policy has been adopted by appellant based on guidelines issued by
University Grants Commission. Thus, said guidelines are binding on appellant
University as well as students who secured admission to Law course in
appellant University.
5. Learned counsel appearing on behalf of Bar Council of India would
submit that courses were started by appellant University without obtaining
recognition/approval from Bar Council of India. However, Bar Council of India
granted retrospective approval for running B.B.A., L.L.B., (Honors) and B.A.,
L.L.B., (Honors) till the year 2017 and 2018. Learned counsel would submit
that refund policy has been notified by Bar Council of India on 20.10.2023.
However, said policy cannot be adopted in respect of cases on hand since
admissions were made during academic year 2017-2018.
6. Learned counsel appearing on behalf of writ petitioner in
W.P.No.22391 of 2018 would submit that Mr.V.Vignesh, son of writ petitioner,
undergone Law course for one year in appellant university. Since Law course
was not recognised by Bar Council of India, he left the college and joined in
some other course. Thus, he is entitled for the refund of entire fee and writ
petition has to be allowed.
7. This Court has considered rival submissions made between parties to
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W.A.Nos.2415 to 2422 of 2018 etc.,
lis on hand.
8. University Grants Commission's Notification on Remittance and
Refund of Fees and Other Student-centric Issues issued in December, 2016
would provide refund policy. Clauses 4.2.3, 4.2.4 and 4.2.5 of Notification read
as under:
'4.2.3. If a student chooses to withdraw from the
program of study in which he/she is enrolled, the institution
concerned shall follow the following four-tier system for the
refund of fees remitted by the student.
Sr.No. Percentage of Refund Point of time when notice of
of Aggregate Fees* withdrawal of admission is
served to HEI
(1) 100% 15 days before the formally-
notified last date of admission
(2) 80% Not more than 15 days after
the formally-notified last date
of admission
(3) 50% More than 15 days but less
than 30 days after formally-
notified last date of admission
(4) 00% More than 30 days after
formally-notified last date of
admission
*(Inclusive of course fees and non-tuition fees but exclusive of
caution money and security deposit)
4.2.4 In case of (1) in the table above, the HEI
concerned shall deduct an amount not more than 10% of the
aggregate fees as processing charges from the refundable
amount.
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W.A.Nos.2415 to 2422 of 2018 etc.,
4.2.5 Fees shall be refunded by all HEIs to an eligible
student within fifteen days from the date of receiving a written
application from him/her in this regard.
9. In lieu of Notification issued, said refund policy has been adopted by
appellant college in their prospectus. It is needless to state that terms and
conditions stipulated in the prospectus are binding both management and
students. Therefore, students discontinuing the course are entitled to get
refund of fee as per Notification issued by University Grants Commission and
in the present case, as per prospectus issued by appellant management in
consonance with the refund policy notified by University Grants Commission.
10. Though students were admitted for the academic session 2017-
2018 in Law course without recognition, appellant management secured
interim order from the Delhi High Court in W.P.(C).No.4606 of 2017.
Subsequently, University Grants Commission granted approval vide order
dated 13.02.2019. Regarding students admitted during 2017-2018 academic
session, order was passed by University Grants Commission in November,
2018, according approval for duly treating the degrees of the students already
passed out and presently enrolled in the Law and B.P.Ed. courses. Thus
academic session 2017-2018 was also approved by University Grants
Commission. Bar council of India filed a counter affidavit in W.P. No.16310 of
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W.A.Nos.2415 to 2422 of 2018 etc.,
2018 and paragraph no.8 of counter affidavit reads as under:
'8. In so far as the B.A.L.L.B (Hons) course is
concerned, the Committee already accorded approval till the
year 2014-15. Thereafter the 4th respondent had applied for
further extension of approval with requisite inspection fee in
November, 2014. I submit that as per the decision of the Bar
Council of India, the B.A.L.L.B (Hons) Course also has
provisional approval till the year 2017-18. Therefore, the Bar
Council of India has granted retrospective approval for running
the B.B.A.L.L.B (Hons) and B.A.L.L.B (Hons) till the year
2017-18.'
11. Learned counsel for Bar Council of India would also submit that Bar
Council of India has granted retrospective approval for running B.B.A.L.L.B
(Honors) and B.A.L.L.B (Honors) till the year 2017-2018. Since retrospective
approval has been granted validating the degrees granted by appellant
University in respect of passed out students, fee refund policy as notified by
University Grants Commission alone is to be followed.
12. The appellant management has no quarrel in refunding fee as per
University Grants Commission refund policy which is adopted by them in their
prospectus. Writ Court has issued a direction to refund the entire fee.
13. This Court is of the considered view that the terms and conditions in
prospectus are binding both the management and the students. In the present
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W.A.Nos.2415 to 2422 of 2018 etc.,
case, though recognition was not granted at the time of admission of students
in Law courses even within short span of period such recognition was granted
with retrospective effect both by Bar Council of India and by University
Grants Commission. That being the factum, students who discontinued the
courses are entitled to get refund of fee only to the extent as contemplated in
University Grants Commission Notification as adopted by appellant University
in their prospectus. Thus, appellant University is directed to make refund to
the eligible students as per their prospectus and in consonance with the
refund policy notified by University Grants Commission.
14. With the above directions, writ order impugned 01.08.2018 made in
W.P.Nos.16310, 13021, 6614, 9758, 18898, 6612, 18899 and 15593 of 2018
is set aside and Writ appeals are allowed. Consequently, connected
miscellaneous petitions are closed. In view of the order passed in writ
appeals, writ petitions in W.P.Nos.22391 and 24309 to 24311 of 2018 are also
disposed of. There shall be no order as to costs.
[S.M.S., J.] [M.S.Q., J.]
10.11.2025
Index:Yes/No
Neutral Citation:Yes/No
mmi
To
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W.A.Nos.2415 to 2422 of 2018 etc.,
1.The Secretary to Government of Tamil Nadu,
Law Department, Chennai – 600 009.
2.The University Grants Commission,
South Campus, University of Delhi,
Benito Juarez Marg,
New Delhi – 110 002.
3.The Secretary,
Bar Council of India,
No.21, Rouse Avenue, Institutional Area,
New Delhi – 110 002. .
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W.A.Nos.2415 to 2422 of 2018 etc.,
S.M.SUBRAMANIAM, J.
AND
MOHAMMED SHAFFIQ, J.
mmi
W.A.Nos.2415 to 2422 of 2018
and
W.P.Nos.22391 and 24309 to 24311 of 2018
10.11.2025
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