Judgment :- 1. The petitioner, after completing schooling, joined S.V.S. Medical College of Yoga & Naturopathy and Research Institute on 06.07.2009 to pursue five and half year B.N.Y.S. Medical Degree Course. The 4th respondent is affiliated to the Tamil Nadu Dr. M.G.R. Medical University / 3rd respondent. 2. At the time of admission, an impression was given to the petitioner, that the course offered by the 4th respondent consists of useful curriculum and that the courses offered by them are job-oriented. It was also represented to the students, that the college had required infrastructure facilities, including hostel. 3. The petitioner, after joining the course, was not satisfied with the functioning of the college, as there were not enough student strength, and the courses offered were also not upto the standard. Furthermore, the hostel facility was also very poor. 4. It is the submission of petitioner, that the hostel was not liveable. It is also submission of petitioner, that for the amount received from the students, the 4th respondent did not issue receipts, rather a letter of undertaking was taken from the petitioner, showing as if no fee was received by the college. 5. The submission of petitioner is that she paid a sum of Rs.1,00,000/- (Rupees One lakh only) as donation, Rs.25,000/-(Rupees Twenty Five Thousand only) towards uniform fee, Rs.1,500/- (Rupees one thousand five hundred only) towards registration fee, Rs.4,500/- (Rupees Four Thousand and Five hundred only) towards exam fee (Rs.800/- (Rupees eight hundred only) as fine and Rs.16,000/- (Rupees Sixteen Thousand only) towards hostel and mess fee. 6. The further submission of petitioner is that notwithstanding the payment made by her, she decided to discontinue the course in the 3rd week of August 2009 and demanded return of original certificates to enable the petitioner to join some other institution. 7. It is the case set up in the affidavit, that the petitioner was asked to pay a sum of Rs.10,000/- (Rupees ten thousand only), on the plea that the original certificates were sent to the University. The petitioner, believing the said representation, paid a sum of Rs.10,000/-(Rupees Ten Thousand only). 8. The petitioner further submits that whenever certificates were demanded, she was threatened by Mrs. Vasuki Subramanian, Chairman. They have also threatened through their son Mr. Sukhi Verma not to discontinue the course and to continue her study in their college itself. The petitioner, believing the said representation, paid a sum of Rs.10,000/-(Rupees Ten Thousand only). 8. The petitioner further submits that whenever certificates were demanded, she was threatened by Mrs. Vasuki Subramanian, Chairman. They have also threatened through their son Mr. Sukhi Verma not to discontinue the course and to continue her study in their college itself. It may be noticed here, that though allegations has been levelled against three persons, none of them has been impleaded as parties to the writ petition. 9. It is also the stand of petitioner, that her mother was scolded and subjected to physical torture, which resulted in petitioner filing a complaint with the Superintendent of Police and Inspector of Police as also the University. Thereafter, another complaint was filed by mother of the petitioner to the Police, but inspite of such complaint, no action was taken by respondent nos.1 and 2. 10. The petitioner claims that she has right to discontinue her study and choose a career to pursue another course. The 4th respondent cannot come in way of her discontinuation of study or selection of course by her. It is the stand of petitioner, that the 4th respondent has no right to retain the original certificates, once she has decided to discontinue the study. 11. At the time of argument, learned counsel for the petitioner pointed out that, on the complaint filed by petitioner and her mother, enquiry was conducted by the Superintendent of Police, wherein the factum of petitioner, having deposited the fees, was admitted by the management. It was in view of the contention raised by learned counsel for the petitioner, that the Additional Government Pleader was directed to get instructions from respondent no.1. 12. Learned Additional Government Pleader, on instructions, has stated that no such admission was made by the respondents before the Police. In fact the stand taken before the Police was, that the petitioner was liable to pay the fee, fixed by the Government for one year for having undergone studies in the college and on account of her stay in hostel, which was due from her. 13. No adverse order can be passed against petitioner for taking wrong stand, as this does not form part of pleadings in the writ petition, but was the stand taken by the learned counsel in the Court, in absence of instructions. 14. 13. No adverse order can be passed against petitioner for taking wrong stand, as this does not form part of pleadings in the writ petition, but was the stand taken by the learned counsel in the Court, in absence of instructions. 14. The stand taken by the 4th respondent in the counter is, that the 4th respondent did not object to return of certificates of petitioner, but only demanded the outstanding fees, amounting to Rs.70,500/- (Rupees Seventy Thousand and Five Hundred only) for the completed year of study and another sum of Rs.2,80,000/-(Rupees Two lakhs and Eighty Thousand only) for the remaining course. The 4th respondent has placed a letter written by petitioner on record, stating therein, that the fee for the college will be paid after getting loan from the Bank, and it was on the said assurance that the petitioner was given admission. 15. The writ petition raises the disputed question of fact as to whether the petitioner paid the fee or not. 16. However, at the time of argument, learned counsel for the petitioner, on instructions from the petitioner and her mother, stated that payment of Rs.2,80,000/- (Rupees Two Lakhs and Eighty Thousand only) is not payable, as the 4th respondent cannot claim fee for the future course, as the petitioner has decided to discontinue the study, nor the 4th respondent can demand Rs.70,500/-(Rupees Seventy Thousand and Five Hundred only) from the petitioner, as the 4th respondent cannot be allowed to charge more than the fee fixed by the State Government. 17. Learned counsel for the 4th respondent states, that the 4th respondent shall return all the certificates, on receipt of tuition fee and hostel fee for one year at the rate fixed by the Government. 18. In view of the stand taken by the parties, this writ petition is disposed of, by directing the 4th respondent to hand back all the original certificates of petitioner, on receipt of tuition fee, other fees as also hostel fee and mess fee for one year at the rate fixed by the Government. 19. The 4th respondent is directed to hand over all the original certificates to petitioner within three days of receipt of payment of due for one year at the Government rate. The 4th respondent is also directed to issue certificate of attendance of petitioner, for the period she attended the classes. 20. No costs.