M AAMIRA FATHIMA Vs. ANNAMALAI UNIVERSITY, ANNAMALAI
LAWS(MAD)-2014-12-4
HIGH COURT OF MADRAS
Decided on December 02,2014

M Aamira Fathima Appellant
VERSUS
Annamalai University, Annamalai Respondents




JUDGEMENT

V.RAMASUBRAMANIAN, J. - (1.)THE petitioners in one writ petition joined the first year of the MBBS degree course in Raja Muthiah Medical College, which is a constituent of the Annamalai University, in the academic year 2013 -14. The petitioners in the other writ petition joined the first year of the B.D.S. course in the same university in the academic year 2013 -14. The petitioners in both the writ petitions have now moved over to the second year of the respective courses.
(2.)IN 2013 -14 when the petitioners joined the above courses, the University was governed by the provisions of the Annamalai University Act,1928 and the students of M.B.B.S. were required to pay Rs. 5,54,370/ - and the students of B.D.S. were required to pay Rs.3,50,370/ - towards fees as determined by the Senate and as indicated in the Prospectus for the year 2013 -14. But certain ugly and unfortunate events that happened in quick succession from November 2012, culminated in the State of Tamilnadu passing the Annamalai University Act, 2013 repealing the 1928 Act. Under the new enactment, the State assumed complete control of the University, removing the role played by the Founder's family till then.
(3.)THEREFORE , when the academic year 2014 -15 commenced and the students were notified that the fee payable for the current academic year would be the same as fixed in the previous year, in pursuance of a decision taken by the Senate, some students of the second year of the M.B.B.S. course have come up with the first writ petition seeking a writ of mandamus to direct the respondents to forbear from demanding or collecting any fee in excess of what is collected in Government Medical colleges. Similarly, some students of the second year of the B.D.S. course have come up with the other writ petition challenging the notice displayed in the Notice Board demanding the fee as determined by the Senate and seeking a directing to the respondents to collect only the fee that is collected by the Government dental colleges in the State of Tamilnadu.
I have heard Mr.AR.L.Sundaresan and Mr.C.Selvaraju, learned Senior Counsel appearing for the petitioners, Mr.A.L.Somayaji, learned Senior Counsel appearing for the University assisted by Mr.R.Suresh Kumar, learned Counsel and Mr. P.Sanjay Gandhi, learned Additional Government Pleader appearing for the State and Mr. Srinivasamurthy, learned counsel appearing for the Association of Teachers of the University, who got impleaded as parties to the writ petition.



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