Writ petition filed seeking refund of fees paid for admission to an engineering college within the same academy after the student enrolled elsewhere. The court disposed of the petition directing refund after 10% deduction by a specific date.
Refund of the amount covered by Ext.P1 receipt after withholding 10% to be made by 30.11.2009.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN
WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931
WP(C).No. 24756 of 2009(L)
PETITIONER(S):
D.BALACHANDRAN PILLAI
LILA NILAYAM,PATTATHANAM, KOLLAM-691021.
BY ADV. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN
RESPONDENT(S):
ADV. SRI.THOMAS ABRAHAM,SC,CO.OP ACADEMY-PRO FOR R1 & 2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 24756 of 2009
APPENDIX
EXHIBITS
EXT.P1TRUE COPY OF THE RECEIPTS OF AMOUNTS PAID FOR JOINING COLLEGE OF ENGG. THALASSERY. EXT.P2TRUE COPY OF THE RECEIPTS OF AMOUNTS PAID FOR JOINING COLLEGE OF ENGG. PERUMON EXT.P3TRUE COPY OF THE REQUEST of the PETITIONER DATED 4.3.08 EXT.P4TRUE COPY OF THE REQUEST of the PETITIONER DATED 8.6.08 EXT.P5TRUE COPY OF THE MINUTES OF THE ADMISSION COMMITTEE EXT.P6TRUE COPY OF THE REQUEST OF THE PEITTIONER DATED 23.7.09
(TRUE COPY)
P.A TO JUDGE
P.N.RAVINDRAN, J
W.P.(C).24756/2009
Dated this the 4th day of November, 2009
JUDGMENT
The petitioner's son was given admission for the B.Tech Degree course in College of Engineering, Thalassery, on allotment made by the Commissioner for Entrance Examinations. Later he got admission in the College of Engineering, Perumon, run by the very same educational agency, namely the Co-operative Academy of Professional Education. Both these institutions are recognized by the Cochin University of Science and Technology. After joining the College of Engineering, Perumon he sought for refund of the fee initially paid by him in College of Engineering, Thalassery. When the fee was not refunded, this writ petition was filed seeking a direction to the second respondent to refund the fee paid by the petitioner in the first College.
W.P.(C).24756/2009
2
will be refunded to the petitioner expeditiously. In the light of the said submission, I dispose of this writ petition with a direction to the respondents to refund to the petitioner, the amount covered by Ext.P1 receipt, after withholding 10% of the total amount covered by the said receipt. Such payment shall be made on or before 30.11.2009.
P.N.RAVINDRAN, Judge
mrcs
2 issues framed by the court
Whether the educational institution issuing a receipt for fee payment should refund the amount after the student joins another institution of the same academy.
Whether the Director should direct the refund of the fee paid for the first admission.
D. Balachandran Pillai
Co-operative Academy of Professional Education
The Director, Co-operative Academy of Professional Education
P.N. Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
