Petitioners sought return of admission certificates and discharge of excess fee burden after discontinuing engineering course due to mental illness. Court held issues were disputed and beyond writ jurisdiction.
Petitioners directed to file representation before second respondent within one month for orders after hearing.
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 K.HARILAL
FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937
WP(C).No. 15130 of 2012 (M)
PETITIONERS:
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1. SULFIKKAR. P.P., AGED 47 YEARS, S/O.HUSSAIN KOYA, AYESHA MANZIL, VELLIMADUKUNNU, MARIKKUNNU P.O, KOZHIKODE-673 012.
2. NISHAJ. P.P., S/O.SULFIKKAR, -DO-.
BY ADV. SRI.M.KRISHNAKUMAR
RESPONDENTS:
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1. THE AWH POLYTECHNIC COLLEGE, KUTTIKKATTOR, KOZHIKODE-8, REPRESENTED BY THE RECEIVER ADV.K.N.NAMBOOTHIRI (IN OS 667/2010 MUNSIFF COURT-1-P, KOZHIKODE) KOZHIKODE-673 001.
2. THE DIRECTOR OF TECHNICAL EDUCATION, DEPARTMENT OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-695 001.
3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM-695 001.
R1 BY ADV. SRI.R.SURENDRAN R2 & R3 BY GOVERNMENT PLEADER SRI. V.K. RAFEEK
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
WP(C).No. 15130 of 2012 (M)
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PETITIONER(S) EXHIBITS
EXHIBIT P1. A TRUE COPY OF THE FIRST AND LAST PAGES OF THE PROSPECTUS FOR POLYTECHNIC COLLEGES. EXHIBIT P2. A TRUE COPY OF THE PRESCRIPTION DATED 15.9.2011. EXHIBIT P3. A TRUE COPY OF THE PRESCRIPTION DATED 19.10.2011. EXHIBIT P4. A TRUE COPY OF THE APPLICATION DATED 18.11.2011. EXHIBIT P5. A TRUE COPY OF THE PAYMENT RECEIPT DATED 4.7.2011.
//true copy//
P.S. to Judge
K. HARILAL, J.
W.P. (C) No.15130 of 2012-M
-----------------------------------------------------Dated this the 13th day of November, 2015
JUDGMENT
The 1st petitioner is the father of the 2nd petitioner. The 1st respondent is a Polytechnic College, which is allowed to conduct Diploma Courses in Engineering, according to Ext.P1 prospectus set by the 2nd respondent and approved by the 3rd respondent. The 2nd petitioner joined the 1st respondent college for Diploma Course in Electronics and Communications in July, 2011. But, due to certain incidents in the college, he became mentally ill and now he is undergoing psychiatric treatment. Consequently, he discontinued the course on 15/9/2011. The 2nd petitioner had obtained medical advise that treatment will take a long time and it may not be possible to attend the
W.P. (C) No.15130 of 2012 -: 2 :-
course for the time being. In the above circumstance, the 2nd petitioner has taken a decision to discontinue his education and the 1st petitioner, therefore, applied to the 1st respondent, on behalf of the 2nd petitioner, to issue a Transfer Certificate and to return all the certificates which were given at the time of admission so that the 2nd petitioner can continue his education with some other course, after he is getting cured of his illness and with this request, he has submitted Ext.P4 application.
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therefore, the 2nd petitioner is liable to pay fee only for single Semester. The 2nd petitioner has already paid Rs.10,000/- on 4/7/2011, which is evidenced by Ext.P5. According to the 1st petitioner, the 1st respondent is liable to return all the certificates and he can claim fee for one Semester only.
W.P. (C) No.15130 of 2012 -: 4 :-
2011-2012 with specific terms and conditions. According to the said agreement, the educational agency of the Polytechnic College may collect Rs.22,500/- as annual tuition fee during the entire course of study from each student from the list published by the Director of Technical Education and as per the agreement, 50% of the total seats shall be filled up by the educational agency. Each student, who is admitted from the above mentioned 50% seats, shall pay annual tuition fee up to Rs.37,500/-. The students seeking higher options before 30th June, 2011 are entitled to get the amount collected from them as fees. But, after 30th June, 2011, if the student discontinues his course for his own reason, the educational agency shall be entitled to collect tuition fee for the entire course as fixed under the agreement. It is also contended that Ext.P1 is the prospectus for the year 2012-2013 and the same is not applicable to the instant case as the academic year was 2011-2012.
W.P. (C) No.15130 of 2012 -: 5 :-
W.P. (C) No.15130 of 2012
-: 6 :-
are directed to file a representation before the 2nd respondent and in that event, the 2nd respondent shall address the issue and pass orders accordingly, after affording an opportunity of being heard to the petitioners, within a period of one month from the date of receipt of a copy of this judgment.
These writ petitions are disposed of accordingly.
Sd/-
(K. HARILAL, JUDGE)
Nan/
//true copy//
P.S. to Judge
2 issues framed by the court
Whether the college could demand full fee for the entire course as a condition for returning admission certificates.
Whether to adjudicate disputed contractual interpretation and fee entitlement under writ jurisdiction.
Sulfi P.P.
Nishaj P.P.
AWH Polytechnic College
Director of Technical Education
State of Kerala
K. Harilal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
