Regarding the penalty fee amount to be paid after discontinution

910 votes

If bond compels full fee, college may demand it. Check prospectus & bond terms. You can issue legal notice if condition is unfair/excessive. Act before TC cancellation. Contact Advocate for guidance.

Advocate Priya Dharshni LawRato

799 votes

You’re right to be cautious—but don’t panic. These “pay full course fee if you leave” bonds are not absolute. In many cases, courts in Tamil Nadu have reduced or rejected such penalties. 1. What the college bond really means Colleges (especially private/professional) take bonds saying: “If you discontinue, pay entire course fee.” But under law: Such clauses are treated as penalty clauses Under Indian Contract Act, 1872, only reasonable compensation is allowed Not automatic full course fee recovery 2. What courts usually allow Courts generally balance both sides: ✔ College can recover: Actual loss (seat vacant loss) Sometimes 1 year fee or limited amount Courts usually disallow: Full course fee for all years Huge penalties without proof of loss 3. Your situation (very practical view) You studied ~6 months You want to shift to engineering via Tamil Nadu Engineering Admissions Bond signed without full awareness Reality: College will demand full fee But legally, that demand is challengeable 4. Biggest risk now To join engineering, you need: Original certificates Colleges usually: Hold certificates until penalty is paid (This is the main problem, not the bond itself) 5. What you should do (smart strategy) Option A – Try settlement first (fastest) Meet management politely Explain you’re shifting course Ask for: Certificate return Offer to pay reasonable amount (1 year fee or less) Many colleges settle quietly Option B – Legal route (very common in TN) 1. File Writ Petition in Madras High Court Ask for: Return of original certificates Challenge illegal penalty Courts often: Order immediate certificate release Say “college can recover reasonable amount separately” 2. Legal Notice Before filing: Send notice demanding certificates Mention: Unfair penalty Your career urgency (TNEA deadline) 6. Important legal points you can rely on Education is not a business for profit No unjust enrichment Certificate retention = violation of student rights 7. Ground reality (very important) Most similar cases end like: Student gets certificates through court Pays partial amount or nothing immediately Dispute on fee continues separately 8. My straight advice Don’t blindly pay full course fee Don’t delay (TNEA timeline is strict) Try settlement → if fails → file writ immediately

Advocate Sreebalaji LawRato