Kolla venkatesh v. The Chairman

2. The brief facts of the case as per the Writ Petition are that the petitioner joined in the MBBS course in the academic year 2016-17 batch in the respondent university. As per the norms of the respondent university, the petitioner has to pay Rs.75 lakhs totally as tuition fees within the stipulated time, however the petitioner made the payment of tuition fees with multiple delays, due to which the respondent have taken the delays as a break in study and imposed Rs.32,00,000/- as penalty for making the payment of tuition fees belatedly. The petitioner could not 3/8 https://www.mhc.tn.gov.in/judis W.P.No.20270 of 2024able to comply the demand made by the respondent university and from April 2024, the respondents have not permitted the petitioner to continue the internship and also withheld the academic mark certificates, provisional certificates and no due certificates. The petitioner made a representation to all the respondents on 29.06.2024, but there was no reply, hence the petitioner has preferred this Writ Petition seeking for suitable relief.3.

Learned counsel for the petitioner has submitted that for some academic period, there was a delayed payment of fees and the respondent university has taken the above delays as a break in the study and without any notice imposed a penalty of Rs.32,00,000/- which is legally unsustainable. It is further submitted that if the petitioner is not permitted to continue the compulsory rotary internship along with his batch, it will have an adverse impact on the petitioner's career. Hence prays for suitable relief.4. Learned senior counsel for the respondents contended that as per the prospectus of the university, the duration of the course i.e., 4 ½ years and anything over and above what is agreed in the prospectus is due 4/8 https://www.mhc.tn.gov.in/judis W.P.No.20270 of 2024to be charged by the University. Since the petitioner had multiple breaks as he was not regular to the classes owing to his inability to pay the academic fees and various other personal reasons, as mandated by the university required to repeat petitioner's classes for which petitioner is due and outstanding to the university by a sum of Rs.32,00,000/-. The petitioner is bound to honour the prospectus which is a binding contract on the parties and as per the same, the petitioner is duty bound to pay the expenses incurred by the university to impact special class/extra classes.