The High Court of Kerala dismissed the appeal filed by a school challenging the Single Judge's order directed it to refund liquidated damages withheld from a student's fee. The student was shifted to a government college. The Single Judge's order was upheld.
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
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 25TH DAY OF MAY 2015/4TH JYAISHTA, 1937 WA.No. 418 of 2010 ( ) IN WP(C).13872/2006
JUDGMENT IN WP(C) 13872/2006 of HIGH COURT OF KERALA DATED 17-07-2009
APPELLANT/4TH RESPONDENT:
THE DIRECTOR,SCMS SCHOOL OF TECH. SCMS SCHOOL OF TECHNOLOGY AND MANAGEMENT (MCA) SCMS CAMPUS, MUTTOM, ERNAKULAM - 683 106.
BY ADV. SRI.MILLU DANDAPANI
RESPONDENTS/PETITIONER AND RESPONDENTS 1, 2, 3 AND 5:
THENGAMOM EAST.P.O, PATHANAMTHITTA DISTRICT.
R1 BY ADV. SRI.D.KISHORE
SENIOR GOVERNMENT PLEADER SRI. P. FAZIL
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
smv
ANTONY DOMINIC & SHAJI P. CHALY, JJ.
W.A No.418 of 2010
Dated this the 25th of May, 2015
JUDGMENT
Antony Dominic,J.
The 4th respondent in Writ Petition No.13872 of 2006 is the appellant. The first respondent herein filed the writ petition seeking a direction to the appellant to refund the liquidated damages that was withheld from out of the fee remitted by him in terms of Clause IV(c) of the prospectus for the academic year 2005-2006. By the judgment under appeal, the learned Single Judge directed the appellant to refund the amount as claimed. It is this judgment which is under challenge before us.
W.A No.418 of 2010
2
one of the colleges where there was a vacant seat in the Government quota. Accordingly Ext.P4 was issued, transferring the 1st respondent to M.A.College of Engineering, Kothamangalam against an existing vacancy. The appellant was also ordered to relieve the candidate immediately and to return his certificates and fee as per the rules. In compliance of these orders, the candidate was relieved and his certificate was also returned. However, on the ground that by the time the admissions were already over, in exercise of their right under Clause IV(c) of the prospectus, the appellant withheld Rs.30,750/-. It was claiming refund of this amount, this writ petition was filed which was allowed by the learned Single Judge.
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3
did not have any application for the academic year in question.
by the learned counsel appearing for the respondents.
“Admit. Adv.Sri. D. Kishore takes
notice.
The appellant will state as to whether in the place of the first respondent, subsequently any student was admitted after receiving fee or whether the seat was kept vacant.
This shall be stated in an affidavit. Two weeks' time granted for filing the affidavit.”
W.A No.418 of 2010
4
the above order in spite of lapse of more than 5 years. In such circumstances, we are not persuaded to think that by directing refund of the amount withheld, the learned Single Judge has committed any illegality in the exercise of the discretion and such a judgment according to us, do not deserve to be upset in this appeal.
Appeal is accordingly dismissed.
Sd/-
ANTONY DOMINIC
JUDGE
Sd/-
SHAJI P. CHALY JUDGE
//true copy// P.A. to Judge
smv
2 issues framed by the court
Whether the liquidated damages withheld by a school under its prospectus clause are refundable when the student is shifted to another college by a separate judicial order.
Whether the failure of the school to file an affidavit in response to a court order calling for facts regarding seat vacancy affects the decision.
1 provisions across 1 enactments
THE DIRECTOR, SCMS SCHOOL OF TECHNOLOGY AND MANAGEMENT (MCA) SCMS CAMPUS, MUTTOM, ERNAKULAM
ANOOP. V
STATE OF KERALA
THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
THE DIRECTOR OF TECHNICAL EDUCATION
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
ANTONY DOMINIC
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
