Petitioner challengedアドミッションスーパービジョンコミティーの指令で学生に返金を命じた処分。裁判所は学生が席を空けずに他校に転校できたため、運営管理に損失が生じなかったと判断し、返金命令の干渉理由がないと判断した。
Petitioner's writ petition challenging the refund order is dismissed with no order as to costs.
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
MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933
WP(C).No. 12404 of 2011(A)
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PETITIONER(S):
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MANNAM AYURVEDA CO-OPERATIVE MEDICAL COLLEGE, M.S.M (PO), PANDALAM, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS. SRI.K.SASIKUMAR SMT.T.SUDHA DEVI
RESPONDENT(S):
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1. ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES, OLD HIGH COURT BUILDING, RAM MOHAN PALACE, HALL NO.III, ERNAKULAM, REPRESENTED BY ITS MANAGER.
2. ANJU RAJ R., MINOR, REPRESENTED BY HER FATHER AND GUARDIAN G.RAJAN PILLAI, NAMBATTINCHIRA MELATHIL VEEDU, ATTOORKONAM, KARINGANNOOR P.O., KOLLAM DISTRICT.
R2 BY ADV. SRI.D.SAJEEV
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
W.P.(C) NO.12404/2011
APPENDIX
PETITIONER'S EXHIBITS
P1:- COPY OF THE RELEVANT EXTRACT OF THE PROSPECTUS FOR ADMISSION TO MEDICAL, AGRICULTURE, VETERINARY, ENGINEERING AND ARCHITECTURE DEGREE COURSES 2010, KERALA ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, GOVERNMENT OF KERALA.
P2:- COPY OF THE LETTER DTD. 6.11.2010 FORWARDED BY THE 2ND RESPONDENT TO THE IST RESPONDENT.
P3:- COPY OF THE NOTICE DTD. 16.11.2010 FORWARDED BY THE IST RESPONDENT TO THE PETITIONER.
P4:- COPY OF THE REPLY DTD. 3.12.2010 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.
P5:- COPY OF THE LETTER DTD. 28.3.2011 FORWARDED BY THE IST RESPONDENT TO THE PETITIONER.
P6:- COPY OF THE LETTER DTD. 6.10.2010 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATION.
RESPONDENT'S EXHIBITS
R2(a):- COPY OF THE RECEIPT NO.3268 DTD. 29.9.2010 EVIDENCING THE PAYMENT OF RS. 1,02,000/-.
R2(b):- COPY OF THE PAYMENT SLIP DTD. 18.10.2010 EVIDENCING THE PAYMENT OF RS. 40,000/-.
R2(c):- COPY OF THE ADMISSION MEMO DTD. 19.10.2010 ISSUED TO ANJU RAJ BY THE PRINCIPAL P N N M AYURVEDA MEDICAL COLLEGE.
R2(d):- COPY OF THE CERTIFICATE DTD. 12.11.2010 ISSUED BY THE SECRETARY, MADAVOOR SERVICE CO- OPERATIVE BANK LTD.
R2(e):- COPY OF THE APPLICATION AND ITS REPLY UNDER THE RIGHT TO INFORMATION ACT DT. 8.12.2010.
R2(f):- COPY OF THE APPLICATION DTD. 16.4.2011 FILED BY THIS RESPONDENT BEFORE THE IST RESPONDENT.
ANNEXURE 1:- COPY OF THE NOTICE DTD. 6.9.2011 ISSUED BY THE IST RESPONDENT TO THE PETITIONER.
TRUE COPY
P.A. TO JUDGE
tss
ANTONY DOMINIC, J. ================ W.P.(C) NO. 12404 OF 2011
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Dated this the 17th day of October, 2011
J U D G M E N T
The petitioner is a Self Financing College. The 2nd respondent, a student, was admitted in the college during the academic year 2009-10 for the BAMS Course in the management quota. Accordingly, the 2nd respondent remitted `1,02,000/towards the fee payable. On that basis, the 2nd respondent joined the college and also attended the classes during September and October, 2010.
WPC No. 12404/11
:2 :
management, the last date for cancellation of the admission was 15/10/2010 and that the petitioner made her application for T.C only on 18/10/2010, and hence, they are not liable to refund of fee. Therefore, the 2nd respondent made a complaint to the 1st respondent and the 1st respondent issued Ext.P5 proceedings directing that the fee of `1,02,000/- be refunded. It is challenging Ext.P5 proceedings of the 1st respondent, the writ petition is filed.
12.2.3(i) of the prospectus, which reads as under:-
“12.2.3(i) No refund of fees will be made to candidates who apply for Transfer Certificate/Cancellation of admission under any circumstances, after the last date of cancellation of admission notified by the CEE. They will have to pay Liquidated damages as stipulated in Clause 12.2.4 below.”
WPC No. 12404/11
:3 :
petitioner's college was 11/10/2010 and that such cancellation are to be intimated to the Commissioner on or before 15/10/2010. Although it is on this basis the management seeks to justify its refusal to refund the fee, still a reading of Ext.P5 order of the 1st respondent indicates that the 2nd respondent was relieved before the last date specified for completion of admission namely 30/10/2010 and that subsequently the seat vacated by the 2nd respondent was filled up by the petitioner management on 18/10/2010. This fact is not disputed by the petitioner also. Thus, it is obvious that, although the application for T.C made by the 2nd respondent was after 15/10/2010, still the seat vacated by the 2nd respondent could be utilised by the management by admitting another student. In other words, the seat did not go waste or that the management did not suffer any damages on account of the transfer certificate obtained by the 2nd respondent.
WPC No. 12404/11
:4 :
not occurred in the instant case, and therefore, I am inclined to think that no injustice has been caused by the 1st respondent by issuing Ext.P5 warranting interference of this Court.
Writ petition is dismissed.
ANTONY DOMINIC, JUDGE
Rp
2 issues framed by the court
Whether the petitioner college is liable to refund the fee paid by a student who applied for transfer certificate after the last date specified but managed to fill the seat.
Whether the petitioner was severely damaged on account of the belated transfer of the student.
2 provisions across 2 enactments
MANNAM AYURVEDA CO-OPERATIVE MEDICAL COLLEGE, M.S.M (PO), PANDALAM, PATHANAMTHITTA DISTRICT
ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES, ERNAKULAM
ANJU RAJ R.
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
