Allowed

Anusree K. v. State of Kerala

Kerala HC6 Jun 2019WP(C)/10360/2019

Case brief

AI extract

What is this about?

The court allowed a writ petition seeking return of admission certificates. It directed a self-financing pharmacy college to immediately hand over certificates to a student discontinuing study due to mood disorders, ruling that withholding them would ignore her medical needs and family support requirements.

What did the court decide?

Direction to the third respondent college to immediately hand over the certificates to the petitioner or her authorized representative within one week.

Anusree K. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2019)

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WP(C).No. 10360 of 2019 1

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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 K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 06TH DAY OF JUNE 2019 / 16TH JYAISHTA, 1941

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WP(C).No. 10360 of 2019

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PETITIONER:

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ANUSREE K. AGED 21 YEARS D/O.VIJAYAKUMAR K., RESIDING AT KINATTYERA HOUSE, KURUVATTUR, KOZHIKODE, PIN- 673611.

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BY ADVS.

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SRI.P.SANJAY SRI.BIJU MEENATTOOR

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.

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2 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR, PIN- 680596, REPRESENTED BY ITS REGISTRAR.

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3 AL SHIFA COLLEGE OF PHARMACY, POONTHAVANAM P.O.,KIZHATTUR, PERINTHALMANNA, MALAPPURAM, PIN CODE- 679325, REPRESENTED BY ITS PRINCIPAL.

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BY ADVS. SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SR.PP. A.J.VARGHESE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

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Vinod Chandran, J

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This Writ Petition is filed seeking return of the certificates, which the petitioner handed over to the third respondent college at the time of her admission to the institution for Pharm-D course. The petitioner now wants to discontinue studies and pursue her studies near her home. After discontinuance, the certificates deposited with the college were demanded, when the college insisted that she should give a bond for the liquidated damages failing which they would withhold the certificates.

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The third respondent college submits

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before us that the prospectus specifically provides for liquidated damages. It is also submitted that the third respondent is a self financing college which has to operate from the funds generated through fees received from the students. The State and the Fee Regulatory Committee, regulates the admissions and this is permitted, is the contention. Hence, when a student

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WP(C).No. 10360 of 2019 3

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discontinues midway, the institution will not be able to fill up the seat and the damages caused would have to be compensated.

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It is also submitted by the learned counsel for the College that the petitioner had initially joined in the year 20162017 and had discontinued due to some mental issues. At that time the petitioner college had permitted her to join again for the next year i.e, after attending counseling. The subsequent admission was in the year 2017-2018. However, problems developed again and she discontinued.

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In fact we see from Ext P2 that the petitioner is suffering from unspecified mood disorders and has to continue medication and requires supporting care from the family. We are not inclined to accept the contention raised by the third respondent especially in the facts of the case. Admittedly, the petitioner has certain mood disorders and what is required now is the supportive care of the family. The petitioner's family is residing in Kozhikode and if she continues studies in the third respondent college she would definitely have to reside at Malappuram far from her family which is not conducive to her present mental condition. We do not see any reason why the third respondent college be permitted to withhold the

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WP(C).No. 10360 of 2019 4

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certificates. We hence direct the third respondent to immediately hand over the certificates to the petitioner or her authorised representative or parent within a period of one week from the date of receipt of a copy of this judgment.

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The learned counsel appearing for the third respondent then submitted that they be permitted to pursue their civil remedies for liquidated damages. In fact, if there is a provision for liquidated damages on discontinuance, the remedy of the third respondent would be to file a suit for such damages in which event the attendant circumstances would have also to be considered by the civil court. We find here that the petitioner is a person who suffered from mood disorders for which medication as suggested in Ext P2 in addition to supporting care from her family is highly essential. The discontinuance of the petitioner from the Pharm-D course was not willful or deliberate and was for reasons beyond her control. In such circumstances, we do not think that this is a fit case where the third respondent can be allowed to pursue the normal remedy; which if pursued would definitely conclude in rejection on reasons we found above. We hence allow the Writ Petition directing hand over of the certificates within the time specified herein. We make it clear that our orders refusing

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WP(C).No. 10360 of 2019 5

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alternate remedy is only on account of the facts coming out in the case. The writ petition is allowed leaving the parties to suffer their costs.

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K.VINOD CHANDRAN, JUDGE

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V.G.ARUN JUDGE

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cms

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WP(C).No. 10360 of 2019 6

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ADMISSION NOTICE (APPLICATION NO.1001) ISSUED BY THE 3RD RESPONDENT DATED NIL.

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EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES DATED 26.02.2019. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD RESPONDENT DATED 27.02.2019. RESPONDENTS EXTS NIL /TRUE COPY/ P.S.TO JUDGE cms

Anusree K. v. State of Kerala

Case brief

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Anusree K. v. State of Kerala

Case brief

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