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2008 Supreme(Ker) 418

H.L.DATTU, A.K.BASHEER
Rev. Mathew Maleparambil – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:For the Petitioner:Baby Issac Illickal, Advocate. For The Respondents: Government Pleader.

Judgment :-

A.K. Basheer, J.

The question that arises for consideration in this bunch of cases is whether the Government is justified in directing the private aided colleges to transfer the "unclaimed caution deposits" collected from the students to the Government treasury.

2. The writ appeal is filed by the principal of an aided private college at Pala, challenging the judgment of the learned single Judge upholding the above order issued by the Government. The learned Judge took the view that the appellant/management was not justified in retaining the unclaimed caution deposit and therefore the management was bound to transfer the same to the treasury account, especially since the Government is paying salary to the teaching and non-teaching staff in the college. Since the same issue arises in the remaining original petitions also, they have been referred to the Division Bench to be heard along with the writ appeal. Therefore, these cases are being disposed of by this common judgment.

3. In the Government Order, [GO(MS) No.150/2001/H.Edn. Dated 11.2001], it was ordered that unclaimed caution deposits lying in the PD accounts of the principals of the aided colleges shall be transferr

















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