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R.Praveenkumar vs University Grants Commission
2026 Latest Caselaw 796 Mad

Citation : 2026 Latest Caselaw 796 Mad
Judgement Date : 25 February, 2026

[Cites 1, Cited by 0]

Madras High Court

R.Praveenkumar vs University Grants Commission on 25 February, 2026

Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
                                                                                       W.P.No.46897 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 25-02-2026

                                                         CORAM

                 THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                               W.P.No.46897 of 2025

                R.Praveenkumar,
                S/o. Ramamoorthi,
                4/7 Melanambipuram,
                Ettayapuram Taluk,
                Thoothukudi District 628 902

                                                                                              ..Petitioner

                                                              Vs

                1.University Grants Commission,
                Bahadur Shah Zafar Marg,
                New Delhi 110 002.

                2.The Dean/Principal,
                Saveetha School of Management,
                Saveetha Institute of Medical and
                Technical Sciences (deemed University)
                162 Poonamallee High Road,
                Chennai 600 077.
                                                                                            Respondents
                PRAYER
                    Writ Petition is filed under Article 226 of the Constitution of India
                praying to issue a Writ of Mandamus directing the 2nd respondent to repay
                pending fees of Rs.1,65,000/- (Rupees One Lakh Sixty Five Thousand only) to
                be returnable with the interest of 10% for the period from 31.10.2022 to the date
                of payment by the 2nd respondent or any other orders as deemed fit and proper
                to the circumstances.




https://www.mhc.tn.gov.in/judis              ( Uploaded on: 27/02/2026 01:40:40 pm )
                                                                                              W.P.No.46897 of 2025




                                  For Petitioner:             Mr.CH.Mohithsai for
                                                              M/s.K.K.Samy

                                  For Respondents             Mr.B.Rabu Manohar,
                                                              Sr.Central Government Standing
                                                              Counsel for R1

                                                              M/s M.Aariya for R2


                                                                ORDER

This writ petition is filed directing the second respondent to repay the

pending fees of Rs.1,65,000/- with further interest at the rate of 10% from

31.10.2022, till the date of disbursement.

2.The case of the writ petitioner is that he sought admission and was

admitted into the M.B.A. course with dual specialization in Human Resource

Management and Logistics and Supply Chain Management for the academic

years 2022-2023 and 2023-2024. Based on the admission, he was advised to pay

the admission course fees. He paid a sum of Rs.15,000/- on 16.06.2022;

Rs.49,999/- on 11.09.2022; and Rs.2,00,000/- on 31.10.2022, in all totalling

Rs.2,64,999/-, rounded off to Rs.2,65,000/-. As a matter of fact, the 2 nd

respondent-Institution informed that the total fee would be Rs.3.50 lakhs.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/02/2026 01:40:40 pm )

3. Thereafter, the second respondent-Institution insisted the petitioner to

produce the results of TNCET. When earlier the same was not required from the

petitioner and when subsequently it was requested, the petitioner decided to opt

out of the course and requested for refund of the money. Accepting his request,

a sum of Rs.2,000/- was refunded on 08.01.2024 and another sum of

Rs.48,000/- also on the same day and also Rs.50,000/- on 19.02.2024, in all

totalling Rs.1,00,000/-. However, the balance of Rs.1,65,000/-was not

refunded. The petitioner therefore made a representation and inspite thereof, the

money was not refunded and hence, this writ petition.

4. This writ petition is resisted by the second respondent-Institution by

filing a counter affidavit. It is admitted that the petitioner was admitted in to the

MBA programme and the entire fee payable upon such admission was

Rs.2,50,000/- and the petitioner also paid the said sum of Rs.2,50,000/-. The

student also executed an affidavit of undertaking agreeing to pay the same

amount for each year of the two-year programme. While so, on 06.12.2022 the

petitioner submitted a written request that he had received an interview call

letter for the post of Village Administrative Officer and requested the return of

his original certificates. In the said letter, the petitioner expressly undertook that

he would return the certificates, after completion of interview. Pursuant thereto,

the petitioner collected his certificates on 07/12/2022 from the 2 nd respondent-

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/02/2026 01:40:40 pm )

Institution. Even at that point of time, the petitioner did not give any letter of

discontinuation and wanted to keep both the options open.

5. As far as the refund of fees is concerned, as per the University Grants

Commission Notification relating to refund of fees, the Institutions have to

follow a 5-tier system. If the student notifies his discontinuance after 30 days of

the formally notified last date of admission, then he is not entitled to refund of

any amount at all. This petitioner did not give any request for refund of fees

before the date of last date or even within 30 days from the date of last date and

therefore he is not entitled for any refund at all.

6. To the said counter affidavit, a rejoinder affidavit was filed by the

petitioner wherein he has mentioned in paragraph No.3 that a part amount was

refunded, in all totalling Rs.1,00,000/- by a person named Mr.Rambabu. The

relevant proof in respect thereof, in the nature of Google Pay transactions and

the extract of the amount being credited to the petitioner’s account, is also

produced in support thereof.

7. A sur-rejoinder was filed by the second respondent-Institution wherein

it is stated that the said Mr.Rambabu, was the employee with the Employee

ID:9079, working in the second respondent Institution as an Assistant Professor

and in-charge of admission in the Saveetha School of Management till May

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/02/2026 01:40:40 pm )

2024. He was involved in financial mismanagement and a complaint was also

lodged by the second respondent-Institution against him with effect from

01.06.2024. Therefore, the second respondent-Institution is not responsible for

any representation that is made to Mr.Rambabu or for any financial dealings

between Mr.Rambabu and the petitioner.

8. During the course of the arguments, the learned counsel for the second

respondent would also point out that even in the representation dated

04.07.2024, the petitioner has admitted that he made the request only to

Mr.Rambabu and Mr.Rambabu was only promising him to make the payment.

Therefore, the writ petition is liable to be dismissed for suppression of facts and

suggestion of falsehood. Firstly, he suppressed the fact that he got the

certificates in the garb of VAO interview. Secondly, a false representation was

also made in the affidavit as if the representation was made to the Institution,

while the dealing seems to have been only with Rambabu.

9. I have considered the rival submissions made on either side and

perused the material records of the case.

10. The case of the petitioner is that when he has paid a sum of

Rs.2,65,000/-, a part amount of Rs.1,00,000/- was returned to him, while the

balance is withheld. The case of the Institution is that no amount was repaid and

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/02/2026 01:40:40 pm )

the entire amount was liable to be forfeited as no written request was made

within the schedule prescribed by the UGC. The petitioner has produced proof

of credits to his account. It is stated that the same was made from the account of

one Rambabu. When this Court questioned the second respondent institution

that an affidavit is now filed wherein it is admitted that Rambabu was an

employee and that a complaint is lodged by the second respondent-Institution

itself against him for the financial irregularities.

11. Once it is admitted that Rambabu is its employee, then the second

respondent is liable for the consequences of his actions. If the employee had

acted beyond his power or authorisation, then it is a matter between him and the

management, and third parties like the petitioner cannot suffer.

12. Therefore from the very averments made in the surrejoinder, it can be

seen that the said Rambabu was employed under the second respondent-

institution and he in turn has refunded part of the amount. Therefore, when part

of the amount was refunded, the case that no written request was made prior to

the last date, cannot be believed and it is the petitioner’s case that he has

immediately made the request for refund of fees, even prior to the last date of

admission, has to be believed. It will be open for the second respondent-

institution to lodge a complaint against Rambabu with reference to this financial

transaction. Whether he had promised the money to the student or he has

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/02/2026 01:40:40 pm )

unauthorisedly credited any amount to the account of the student in the name of

the college thereby dragging the name of the college etc., as and when such a

complaint is made, the appropriate authority shall investigate the same. If it is

proved that there is any collusion between the petitioner and the said Rambabu

and if any charge sheet to that effect is filed, then the amount shall be refunded

by the petitioner again.

13. In view thereof, this writ petition is disposed of on the following

terms:

(i)The second respondent-institution shall refund the balance sum of

Rs.1,65,000/- with interest at the rate of 9% per annum from 31.10.2022 till the

date of disbursement.

(ii)The said refund shall be made within a period of 8 weeks from the

date of recipe of a web copy of the order without waiting for the certified copy

of the order.

(iii)It will be open for the second respondent-Institution to lodge a

complaint before the jurisdictional Police regarding the fraud, if any, suspected

as against the said Rambabu and as and when such complaint is made, the same

shall also be investigated by the police, whether the said Rambabu refunded the

money to the petitioner on behalf of the Institution or on behalf of any other

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/02/2026 01:40:40 pm )

purpose. If it is ultimately proved that the return of money has nothing to do

with the institution, then the petitioner will refund the said amount to the second

respondent-Institution subject to his remedies.

No costs.

25-02-2026

Neutral Citation:No ari

To

1.University Grant Commission Bahadur Shah Zafar Marg, New Delhi 110 002

2.The Dean/ Principal Saveetha School Of Management, Saveetha Institute Of Medical And Technical Sciences (deemed University) 162 Poonamallee High Road, Chennai

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/02/2026 01:40:40 pm )

D.BHARATHA CHAKRAVARTHY, J.

ari

25-02-2026

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/02/2026 01:40:40 pm )

 
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