Disposed

K.R.Jayaram v. the Kannur University

Kerala HC5 Nov 2018WP(C)/30788/2018

Case brief

AI extract

What is this about?

Petitioner sought refund of registration fee after withdrawing an application to start a new college. The University rejected the claim citing a statute excluding the application fee from refund. The Court interpreted the statute and held the University must refund the registration fee as no expenses were incurred.

What did the court decide?

Directed the University to refund the registration fee of Rs. 2,00,000/- within two months.

K.R.Jayaram Vs the Kannur University — Education and Admissions | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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MONDAY ,THE 05TH DAY OF NOVEMBER 2018 / 14TH KARTHIKA, 1940

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WP(C).No. 30788 of 2018

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PETITIONER/S:

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K.R.JAYARAM S/O C K RAGHAVAN, CHAIRMAN AND MANAGING TRUSTEE, C K RAGHAVAN MEMORIAL EDUCATIONAL AND CHARITABLE TRUST, KALANADIKOLLY P.O , PULPPALLY, WAYANAD-673579

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BY ADV. SRI.GEORGE MECHERIL

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RESPONDENT/S:

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1 THE KANNUR UNIVERSITY THAVAKKARA, CIVIL STATION P O KANNUR-2, REPRESENTED BY THE REGISTRAR

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2 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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BY ADV. SRI.M.SASINDRAN BY GOVERNMENT PLEADER, SMT. G. RENJITHA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 30788 of 2018

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JUDGMENT

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The petitioner submitted an application to

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start a new college pursuant to a notification issued by Kannur University. The application

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accompanied Rs. 2,00,000/- (Rupees Two Lakhs only) towards registration fee along with Rs.2000/- (Rupees Two Thousand Only) towards application fee. The application was not

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accompanied by necessary documents. The University directed the petitioner to produce documents. Thereafter, the petitioner decided to withdraw the application and communicated the request to the University. The petitioner also requested to refund the registration fee. The University rejected the request for refund of registration fee. Challenging this order,

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WP(C).No. 30788 of 2018 3

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the petitioner filed this writ petition.

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Statute 13 Chapter V of Kannur University First Statutes, 1998, reads as

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follows:

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“Application for affiliation may be withdrawn at any time before an order has been passed on the application. But application fee once paid shall not be refunded”.

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Two fees were paid, one is application fee

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of Rs.2,000/- (Rupees Two Thousand Only) and

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other is registration fee of Rs.2,00,000/-

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provisions as such in Kannur University Statute to forfeit the registration fee. Statute 13

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only refers to the application fee.

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3 . The learned Standing Counsel appearing for the 1^st respondent submitted that

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WP(C).No. 30788 of 2018 4

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application fee includes registration fee and therefore there cannot be any segregation of registration fee as well as application fee. The registration fee is for a purpose, that means, once the registration fee is paid, University will have to take steps in accordance with statute and regulations and process the application.

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In this case, the petitioner has

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withdrawn the application after a period of 6 months. University has no case that on account of the application, they have incurred any expenses. If that be the case, the University is bound to return the registration fee. Statute 13 only refers to the application fee and not relate to the registration fee. However, the University can appropriate

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WP(C).No. 30788 of 2018 5

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registration fee depending upon the action that

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was taken pursuant to such application to the

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extent to recover the loss suffered by them.

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Thus, the Writ Petition is disposed of

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directing the University to refund the

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registration fee within two months.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

RK/08.11.2018

//TRUE COPY//

PA TO JUDGE

WP(C).No. 30788 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE NOTIFICATION NO.ACAD/A1/NC C/2016-17 DATED 26/11/2015. EXHIBIT P2 TRUE COPY OF THE APPLICATION FILED ON 30/12/2015.

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EXHIBIT P3 TRUE COPY OF THE DD NO.619140 DATED 30/12/2015 OF CANARA BANK FOR RS.2000/-. EXHIBIT P4 TRUE COPY OF DD NO.61914 DATED 30/12/2015 FOR RS.2.00,000/-

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EXHIBIT P5 TRUE COPY OF THE APPLICATION FILED ON 06/11/2016 FILED BY THE PETITIONER TO THE UNIVERSITY.

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EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 04/12/2017 OF THE FIRST RESPONDENT.

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RESPONDENT'S/S EXHIBITS:NIL

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//TRUE COPY//

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PA TO JUDGE

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K.R.Jayaram v. the Kannur University

Case brief

What is this about?

What did the court decide?

K.R.Jayaram v. the Kannur University

Case brief

What is this about?

What did the court decide?

What the court decided

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