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Mannam Ayurveda Co-Operative Medical College v. the Admission Supervisory Committee

Kerala HC9 Nov 2020WP(C)/21077/2020

Case brief

AI extract

What is this about?

This writ petition challenges an interim order directing a medical college to return student documents to a former student while reserving the right to recover fees via civil court. The High Court allowed the return of documents within two weeks.

What did the court decide?

Management directed to return the original certificates and other documents within 2 weeks; civil suit bar preserved for fee recovery.

Mannam Ayurveda Co-Operative Medical College Vs the… — Education and Admissions | Kerala HC (2020)

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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.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942

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WP(C).No.21077 OF 2020(H)

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PETITIONER:

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MANNAM AYURVEDA CO-OPERATIVE MEDICAL COLLEGE M.S.M.P.O,PANDALAM,PATHANAMTHITTA-689501, REPRESENTED BY ITS PRINCIPAL.

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BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE SRI.ARUN CHANDRAN KUM.CHITHRA P.GEORGE SRI.VISHNU B.KURUP SRI.A.L.NAVANEETH KRISHNAN SRI.J.VISHNU

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RESPONDENTS:

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1 THE ADMISSION SUPERVISORY COMMITTEE T.C.15/1553-4,PRASANTHI BUILDINGS, M.P.APPAN ROAD,VAZHUTHACAUD,THIRUVANANTHAPURAM-695014, REPRESENTED BY ITS CHAIRMAN.

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2 SHEFNA SHERIEF, SHEFNA MANZIL,CHINGOLI.P.O, ALAPPUZHA DISTRICT-690532.

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R2 BY ADV. SRI.S.SHANAVAS KHAN R2 BY ADV. SMT.S.INDU

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OTHER PRESENT:

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R1 SMT. MARY BENJAMIN(SC), ASC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) No.21077/2020

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J U D G M E N T

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DATED THIS THE 9^th DAY OF NOVEMBER, 2020

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Shaffique, J:

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Exhibit P3 interim order passed by the Committee is under Challenge. By Ext.P3, the Committee, based on a complaint given by the 2^nd respondent herein had directed the petitioner to return the original certificates and to issue the transfer certificate and conduct certificate to the student. According to the 2^nd respondent, she joined the BAMS course during the academic year 2016-2017 and after a few years she was unable to continue her studies. She therefore requested for return of the documents which has not been complied by the management of the college. When a complaint had been filed before the Admission Supervisory Committee, the following interim directions have been issued:

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“1. The student and one of her parents shall execute a bond in a stamp paper worth Rs.200/- undertaking to obey the orders that will be passed by the ASC/FRC or the court of law.

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On execution of the bond as above, the respondent college shall return the original certificates and issue T.C. and conduct certificate to the student.

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The hearing date regarding the fees will be intimated in due course.

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The office of the AFRC shall forward a copy of the complaint to the respondent college for filing objection, if any.”

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While impugning the aforesaid order it is submitted by the

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learned counsel for the petitioner/management that as per the prospectus, the management is entitled to collect the balance fee payable by the student since she had discontinued the course. If at all

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W.P (C) No.21077/2020

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the management has any right to recover such amount, their remedy is not to retain any of the documents of the students, but to file a suit for recovery of the said amount. They cannot retain the document as such and threaten the students terrorising them to pay any amount as damages, either liquidated or not, The remedy is to file a suit and obtain appropriate orders from the civil court. Learned counsel for the petitioner would submit that unless the student gives a bank guarantee, the documents cannot be given. We are of the view that no such direction can be issued. If at all the petitioner/management has any right to recover any amount from the students, their remedy is to approach the civil court and seek appropriate orders.

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In the result, the writ petition is disposed of as under:

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In modification of Ext.P3 order, the management shall return the documents sought for by the student within 2 weeks from the date of receipt of a copy of this judgment.

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We reserve the right of the management to file a suit for recovery of any amount and to obtain appropriate orders. The direction issued by us shall be subject to any orders to be passed by the civil court.

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(Sd/-)

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A.M. SHAFFIQUE, JUDGE.

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(Sd/-)

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GOPINATH P., JUDGE.

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AMG

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W.P (C) No.21077/2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ALLOTMENT MEMO NO.G3/4917/2015/DAME DATED 25.11.2016 ISSUED BY THE DIRECTORATE OF AYURVEDA MEDICAL EDUCATION AS REGARDS THE 2ND RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE EMAIL COMMUNICATION DATED 30.09.20290 ISSUED BY THE 1ST RESPONDENT COMMITTEE TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER NO.ASC(P)20/2020/HO/TVPM/BAMS/MACMA DATED 30.09.2020 ISSUED BY THE 1ST RESPONDENT COMMITTEE. EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 22.09.2020 MADE BY 2ND RESPONDENT WHICH WAS FORWARDED BY THE 1ST RESPONDENT TO THE PETITIONER VIDE EMAIL DATED 30.09.2020.

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EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF THE PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSES 2016 IN ENGINEERING, ARCHITECTURE, MBBS, BDS, AYURVEDA, HOMOEO, SIDDHA, UNANI, AGRICULTURE, FORESTRY,VETERINARY AND FISHERIES.

Mannam Ayurveda Co-Operative Medical College v. the Admission Supervisory Committee

Case brief

What is this about?

What did the court decide?

Mannam Ayurveda Co-Operative Medical College v. the Admission Supervisory Committee

Case brief

What is this about?

What did the court decide?

What the court decided

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