Petitioner seeking refund of hostel fee after TC issuance post-admission closure. Court directed refund of unavailed hostel period while dismissing tuition claim based on prospectus.
Hotel fee refund for unavailed period permitted; caution deposit claim dismissed; tuition fee claim rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931
WP(C).No. 10376 of 2009(N)
PETITIONER(S):
NEETHU UNNI, D/O.M.UNNIKRISHNAN, SREEBHAVAN, VARAM P.O., KANNUR DISTRICT.
BY ADV. SRI.SAJEEV KUMAR K.GOPAL
SMT.AMBIKA RADHAKRISHNAN
RESPONDENT(S):
ADV. SRI.P.VIJAYA BHANU FOR R2 SRI.P.VENUGOPAL (1086/92) FOR R2
GOVT. PLEADER SRI. BAIJU CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/09/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
Ext.P1. True copy of the allotment memo issued by the Commissioner for Entrance Examination dt.31.8.08
Ext.P2. True copy of the judgment of this Hon'ble Court in WP(c).No.252/09 dt.8.1.2009.
Ext.P3. True copy of the representation submitted by the petitioner to the first respondent dt.13.1.2009.
Ext.P4. True copy of the letter issued by the first respondent to the third respondent dt.5.3.2009.
Ext.P5. True copy of the representation submitted by the petitioner to the third respondent dt.23.3.2009.// t
// true copy //
P.A to Judge.
ANTONY DOMINIC,J.
W.P.(C).No.10376 OF 2009-N
Dated this the 18th day of September, 2009.
JUDGMENT
Petitioner was admitted as a student in the 2nd respondent Engineering College. Subsequent to her joining in the College she secured admission for BHMS Course. When TC was declined to be issued, she approached this court by filing WP(c).No252/09 and that writ petition was disposed of by Ext.P2 judgment directing that, on the petitioner remitting the liquidated damages provided in the prospectus, TC shall be issued to the petitioner. It is stated that payment was made and T.C. was given.
WP(c).No.10376/09
2
Ext.P4 direction to the 2nd respondent to refund the amount. Despite Ext.P5 representation filed by the petitioner the
amount was not refunded and hence this writ petition is filed.
WP(c).No.10376/09
3
fee collected from the student. Though, going by the pleading of the respondent, TC was issued on 12.2.2009, it is the case of the petitioner that she availed the hostel facility only till 17.12.2008, when the college was closed.
In such circumstances, it is only fair and reasonable that the college should only realise fee for that portion of the academic year for which period the student had availed of the hostel facility and refund the balance amount. This the 2nd respondent shall do on the production of a copy of the judgment.
Writ Petition is disposed of as above.
(ANTONY DOMINIC) JUDGE
vi/
WP(c).No.10376/09 4
3 issues framed by the court
Whether the college is liable to refund hostel fee after closure of admissions.
Whether tuition fee refund is barred by prospectus clause for post-closure cancellation.
Whether caution deposit has already been refunded.
Colour shows how this judgement treated each authority
WP(c).No.252/09Explained¶32
NEETHU UNNI
THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
VEDAVYASA INSTITUTE OF TECHNOLOGY (Rep. by Chairman)
THE PRINCIPAL, VEDAVYASA INSTITUTE OF TECHNOLOGY
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
