Dama Seshadri Naidu, J.

In Perspective:

A student joined a course and left the college in the second year. The college compelled him to pay liquidated damages, which he did for securing his academic certificates. On his complaint, the statutory Committee ordered refund. The college assails the Committee's order as bad.

The Dispute:

2. The facts in brief are that the 4th respondent (‘the Student') secured admission into an engineering course in the petitioner college (‘the College') and joined the course on 24.7.2014. In the course of time, the Student, it seems, discontinued his course. His mother submitted Ext.P3 representation, dated 2.6.2015, through the Hon'ble Minister for Industry and IT, to the College. She wanted her son's academic records and certificates returned to him. Financial difficulty was the reason she had cited for the Student's discontinuation.

3. When the College refused to return the documents as requested by the Student's mother, the Student paid the liquidated damages Rs.2.25 lakhs and secured the documents. Nevertheless, the Student complained to the first respondent- Committee about the College collecting the liquidated damages and sought a direction to the College to refund the amount. As seen from the record, through Ext.P6 order the Committee ordered the College to refund the amount. Aggrieved, the College has filed this writ petition.

Regulatory Regime:

(a) Agreement

4. Ext.P1 agreement (`the Agreement) entered into between the Government and the Association of Colleges governs various aspects of the students' admission into colleges. Clause-17 of the agreement enables the educational agency to retain the tuition fee remitted by the student if the student admitted in the management quota or Government quota discontinues his or her studies after 15th day of July 2013. It further provides that if any student, admitted to the college, cancels the admission for any reason whatsoever, the educational agency will collect the tuition fee of the entire course. The provision has, however, provided an exemption: if the seat so vacated gets filled up by a new candidate, the tuition fee collected under this clause will be refunded to the student.

(b) Prospectus:

5. The KEAM Prospectus issued by the Government through G.O. (Ms) No.734/2013/H.Edn., dt.18.12.2013, (`the Prospectus') is an elaborate statutory scheme vitally affecting the admissions. Clause 12.2.4 (a)(i) of KEAM Prospectus reads as follows:

12.2.4 Liquidated damages

(a) Levying amount towards liquidated damages from candidates discontinuing their studies:

(i) If any candidate admitted against 'Government' seats in Government/Aided/Government Controlled Self-financing/Private Self-financing/KAU/KVASU/ KUFOS Colleges, discontinues the studies after the closing of admissions in the same academic year, to join other course/colleges or for other purposes he/she is liable to pay liquidated damages of Rs.75,000/- (Rupees Seventy Five Thousand only for the courses other than MBBS/BDS. The liquidated damages for those candidates discontinuing courses in Government Engineering Colleges will be Rs.50,000/- (Rupees Fifty thousand only). In all such cases the Transfer Certificate will be issued only after remitting the liquidated damages to the admitting authority concerned. Candidates belonging to SC/ST/OEC are exempted from this rule. Candidates belonging to 'Keralite' category, as per Clause 6.1(i), whose annual family income is below Rs.75,000/- and who have submitted income certificate along with the application for admission to Professional Degree Courses 2013 will also be exempted from payment of Liquidated damages. Candidates who are transferred from one institution to another as per proceedings of the University concerned are exempted from payment of liquidated damages. The students admitted in Government/Management seats in Professional Colleges who discontinue their studies to join National Defence Academy/Naval Academy are exempted from the payment of