A retired ex-service personnel approached the court for a refund of fees paid for his daughter's admission to a college. The court held that an alternative efficacious remedy exists before the Administrative Supervisory Committee.
The petitioner was directed to approach the Administrative Supervisory Committee; all issues left open.
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 A.MUHAMED MUSTAQUE
FRIDAY, THE 02ND DAY OF NOVEMBER 2018 / 11TH KARTHIKA, 1940
WP(C).No. 5425 of 2018
PETITIONER:
DEVADASAN.G
AGED 52 YEARS,S/O.LATE R.GOPALAN,ALUVILAYIL HOUSE, PALANKARA.P.O.,NILAMBOOR, PIN-679 330.
BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA
RESPONDENT/S:
1 THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT, PIN-673 635.
2 THE SNEHA COLLEGE OF ARCHITECTURE, ATTAYAMPATHI, NEAR KOLLAMKODE, GOVINDAPURAM.P.O.,PALAKKAD DIST, PIN-678 507.
REP. BY ITS PRINCIPAL. 3 THE CHAIRMAN BOARD OF MANAGEMENT,SNEHA COLLEGE OF ARCHITECTURE, ATTAYAMPATHI, NEAR KOLLAMKODE, GOVINDAPURAM.P.O., PALAKKAD DIST, PIN-678 507.
BY ADVS. SRI.TONY GEORGE KANNANTHANAM SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
OTHER PRESENT:
SMT.PRIYA SHANAVAS, GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.5425/2018
2
J U D G M E N T
The petitioner, who is a retired ex-service personnel, approached this Court for refund of fees. Exts.P1, P2 and P4 are the payments effected by him for admission to his daughter Vishnupriya in Sneha College of Architecture. The University appears to have intervened in the matter and ordered the college to refund the amount. The petitioner claims that his daughter had attended the class for only one day and thereafter she joined Nursing College in the ex-servicemen quota.
I am of the view that the petitioner is having alternate efficacious remedy before the Administrative Supervisory Committee. It is appropriate the petitioner approaches the Administrative Supervisory Committee for redressal of his grievances. The time taken before this Court can be leniently excluded by the Administrative Supervisory Committee.
With liberty as above and leaving open all the issues, this writ petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
W.P.(C) No.5425/2018
3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE RECEIPT DATED 21/8/17 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 COPY OF THE SAID RECEIPT. EXHIBIT P3 COPY OF THE LETTER ISSUED BY THE PRINCIPAL OF GOV.SCHOOL OF NURSING. EXHIBIT P4 COPY OF THE RECEIPT SHOWING THE PAYMENT OF RS.1,50,000/EXHIBIT P5 COPY OF THE TRANSFER CERTIFICATE ISSUED BY THE 2ND RESPONDENT. EXHIBIT P6 COPY OF THE SAID REQUEST DATED 24/11/2017 RESPONDENTS' EXHIBITS: EXT.R3(a) COPY OF THE LETTER DTD.8-8-2017 ISSUED TO THE PETITIONER. EXT.R3(b) COPY OF THE COMPLAINT DTD.24-11-2017 FROM THE PETITIONER TO THE 1ST RESPONDENT. EXT.R3(c) COPY OF THE ORDER DTD.17-5-2018 ISSUED BY THE UNIVERSITY OF CALICUT. EXT.R3(d) COPY OF THE ORDER DTD.30-1-2018 ISSUED BY THE GOVERNMENT.
True Copy
P.S to Judge
smp
2 issues framed by the court
Whether the petitioner is entitled to refund of fees paid for admission to the college when the university intervened and ordered refund.
Whether the petitioner has been provided with an alternative efficacious remedy.
DEVADASAN.G
THE VICE CHANCELLOR, UNIVERSITY OF CALICUT
THE SNEHA COLLEGE OF ARCHITECTURE
THE CHAIRMAN BOARD OF MANAGEMENT,SNEHA COLLEGE OF ARCHITECTURE
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
