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CDJ 2026 MHC 2454 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : Rev. Aplw.(MD). No. 4 of 2026 & Cont. P.(MD). No. 286 of 2026
Judges: THE HONOURABLE MR. JUSTICE R. VIJAYAKUMAR
Parties : The Principal, Krishna Para Medical & Allied Health Sciences College, Tiruchirappalli & Another Versus S. Sathyamoorthi & Others
Appearing Advocates : For the Appearing Parties: K.R. Badurus Zaman, Government Advocate, P.H. Manoj Pandian, Paul Manoj Pandian, Sathyamoorthi, Party-in-person, A.S. Vaigunth, Advocates.
Date of Judgment : 07-04-2026
Head Note :-
Civil Procedure Code - Section 114 -
Judgment :-

(Prayer in Rev.aplw(MD).No.4 of 2026 : This application filed under Order 47 Rule 1 read with Section 114 of C.P.C, to review its order dated 16.12.2025 passed in WP(MD).No.34826 of 2025.

In Cont.Petition(MD).No.286 of 2026: This petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnor /4th respondent for the deliberate and willful disobedience of the order dated 16.12.2025 passed by this Court in WP(MD).No.34826 of 2025.)

Common Order

1. The present petition has been filed by the fourth respondent to review the order dated 16.12.2025 passed in WP(MD).No.34826 of 2025.

2. The contempt petition has been filed by the writ petitioner alleging violation of the above said order.

3. Therefore, these two petitions are tagged together and a common order is being passed.

(A).Facts leading to the filing of these petitions are as follows:

4. The writ petitioner's son was allotted a seat in B.O.T Course at the fourth respondent college by an order dated 08.10.2025 passed by the third respondent Selection Committee through second round of counselling. When the writ petitioner had approached the fourth respondent college for admission and submitted his original certificates on 15.10.2025, they had demanded additional amount of Rs.96,000/- and Rs.85,000/- contrary to the Government fixed fee structure.

5. According to the petitioner, the Government prescribed fee structure is just Rs.33,000/-. Therefore, he had filed a writ petition directing the fourth respondent college to admit his son by collecting only Government fee or to direct the third respondent to transfer the petitioner's son to any other college.

6. This Court had initially ordered notice to the fourth respondent and despite service of notice and name being printed in the cause list, there was no response from the college. Therefore, this Court had passed an exparte order on 16.12.2025 directing the fourth respondent college to admit the petitioner's son on payment of Rs.33,000/- as fee and posted on 02.01.2026 for reporting compliance.

7. On 02.01.2026, the present review application has been filed by the college management. On 28.01.2026, the present contempt petition has been filed by the writ petitioner alleging violation of the order of this Court.

(B).Submissions on either side:

8. According to the learned counsel appearing for the review applicant, the fee fixed by the Committee on fixation of fee in respect of self-financing professional colleges namely Rs.33,000/-, pertains only to the tuition fee. Laboratory Fees, Library and Journal Subscription Fees, Establishment and Development Fees, Transport Fees and Hostel Mess Fees are not included therein.

9. Ground No.(c) of the review petition wherein the split up details of the fee demanded by the college management is extracted as follows:

1.Tuition feesRs.33,000/-Academic Year
2.Laboratory feesRs.20,000/-Academic Year
3.Library & Journal Subscription feesRs.15,000/-Academic Year
4.Establishment & Development feesRs.10,000/-Academic Year
5.Transport feesRs.7,000/-Academic Year
6.Hostel Mess feesRs.96,000/-Academic Year
10. The petitioner had relied upon the prospectus issued by the Government of Tamil Nadu for admission to Para Medical Degree Course for 2025-2026 session and had relied upon Clause 29(c) of the said prospectus and contended that it clearly points out that the fee of Rs.33,000/- does not include the hostel, transport, mess charges etc. Hence, he prayed for reviewing the order passed by this Court on 16.12.2025.

11. Per contra, a party-in-person appearing for the writ petitioner relied upon the order dated 12.10.2010 passed by the Committee on fixation of fee and submitted that a sum of Rs.33,000/- includes Tuition Fee, Admission Fee, Special Fee, Laboratory/Computer/Internet fee, Library Fee, Sports Fee, Maintenance and Amenities Fee, Extracurricular Activities Fee and Other Recurring Expenditure. Therefore, according to him, a sum of Rs.33,000/- includes all the above said heads of expenditure and hence, an additional amount cannot be demanded by the fourth respondent college.

12. I have considered the submissions made on either side and perused the material records.

(C).Discussion:

13. From the grounds of review, it is clear that the college management had demanded a sum of Rs.1,81,000/- including hostel mess fee of Rs.96,000/-. It is not in dispute that the fee fixed by the Committee in the year 2020 has not been revised so far. The order of Committee is extracted as follows:

                     “1.The Committee fixed the following fees all including Tuition fee, Admission fee, Special fee, Laboratory/Computer/Internet fee, Library fee, Sports fee, Maintenance and Amenities fee, extracurricular activities fee, and other recurring expenditure.

                     The fee fixed by the committee for Government Quota and Management Quota for different courses are as under:

SlName of the CourseFee Fixed for 2020-2021
1.B.Sc.(Nursing)45,000
2.B.Pharmacy43,000
3.B.P.T33,000
4.B.O.T33,000
5.M.Sc(Nursing)75,000
6.M.Pharm70,000
                     2. The maximum fee structure prescribed will take effect for the students admitted for the academic year 2020-2021 only.

                     3.In addition to the above recurring annual fee, the concerned institutions are permitted to collect a development fee not exceeding Rs.5000/- per student.

                     4.The management is directed to cover all the students under students Group Insurance Scheme.

                     5.The above fees does not include Hostel, Transport, Mess Charges etc.,

                     6.The Committee directs that the institutions shall not collect or levy any other recurring or non-recurring fee including capitation fee.

                     7.Any deviation of the proceedings will entail the institution to undergo serious penal consequences like withdrawal of approval by respective authorities and disaffiliation by the concerned university as well as imposition of fine.”

14. The petitioner had submitted that his son going to be a day scholar. Therefore, the question of demanding the hostel mess fee would not arise.

15. The learned counsel for the review petitioner had submitted that the students are being taken to various places for field trip and therefore, they charging a sum of Rs.7,000/- towards transport. Therefore, this Court is pleased to confirm the said transport fee.

16. Since the lab fee and library fee are already included in the tuition fee of Rs.33,000/-, the management cannot demand separate fees. That apart, as per order of the Fee Fixation Committee, the development charges can be levied only up to a sum of Rs.5,000/-.

17. In view of the above said facts, it is clear that the following fee alone can be collected by the college management.

Tuition FeeRs.33,000/-
Development FeeRs. 5,000/-
TransportRs.7,000/-
TotalRs.45,000/-
18. In view of the above said facts, the review petition stands partly allowed to the extent as stated above. The fourth respondent management is directed to admit the student after receiving a sum of Rs.45,000/-. In view of the review order, the contempt petition stands closed.

 
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