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2019 Supreme(Ker) 208
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. VINOD CHANDRAN, V.G. ARUN, JJ.
Thulaseedharan Nair. D - Petitioners
Versus
Mohandas College of Engineering and Technology & Ors. - Respondents
WP(C).No. 27804 of 2015
Decided On : 19-03-2019
For the Petitioners: Advs. Smt. M.M. Jasmin, Sri. Lijo Joseph, Sri. Nidhi Sam Johns.
For the Respondents: Advs. Smt Raji T. Bhaskar G.P, Sri. Kurian George Kannanthanam (Sr.), Sri. Tony George Kannanthanam, Smt. Mary Benjamin (Sc).
IMPORTANT POINTS:
" In the case of a student, who discontinues the course prior to the last date of closing of admissions, he/she would be entitled for refund of the entire fees remitted. The liability to pay the fee for the entire duration of the course and liquidated damages would arise only if the student discontinues the course after the last date fixed for closure of admissions. Therefore, the vital aspect to be considered is as to what was the last date fixed for closing of admissions for the academic year 2013-14
" The request for permission to discontinue the course having been made on 22.7.2013, much prior to the last date for closing of admissions fixed as per Ext P13, the petitioner was entitled for release of the original certificates and Transfer Certificate from the first respondent college without remitting any further amount.
Headnote:The Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006- Section 14- empower the Government to issue directions to any professional college or institution, as in its opinion are necessary or expedient for carrying out the purposes of the Act or to give effect to any of the provisions contained therein, or in any Rules or orders made there under and the management of the college or institution shall comply with every such direction.
Statement of facts:
The petitioner`s son T.S. Siddarth had obtained admission for B.Tech-Mechanical Engineering course in the first respondent college, on merit under Government quota in the academic year 2013-14. On the date of admission, i.e, on 5.7.2013, an amount of Rs.10,900/- was remitted by the petitioner towards special fees and caution deposit. Immediately thereafter, the Central Board of Secondary Education, as per Ext P3 letter, informed the petitioner`s son that he had qualified for award of scholarship for higher education under Innovation in Science pursuit for Inspire Research by virtue of his performance within top 1% of the Senior School Certificate Examination conducted by the C.B.S.E in March/April, 2013 - Whether the petitioner is entitled for the balance amount of Rs.1,00,000/- retained by the College. The answer to this question lies in a proper understanding of the relevant Clauses in Ext P7, the KEAM Prospectus 2013 issued by the Commissioner of Entrance Examinations and Ext P9, the Government Order approving the agreement with the Kerala Self Financing Engineering College Managements` Association, containing the major clauses regarding fees structure and allotment of seats.
Finding of the Court:
If despite these statutory safeguards students are being exploited, it is for the Government to take appropriate measures, to prevent exploitation of students who seek discontinuance of the course before the last date fixed for closure of admissions in a particular year; lest the students and their parents are forced to succumb to the demands of the self-financing institution and to later seek refund, resulting in protracted litigation.
Result : Writ petition is allowed.
V.G. ARUN, J.
1. The petitioner's son T.S. Siddarth had obtained admission for B.Tech-Mechanical Engineering course in the first respondent college, on merit under Government quota in the academic year 2013-14. On the date of admission, i.e, on 5.7.2013, an amount of Rs.10,900/- was remitted by the petitioner towards special fees and caution deposit. Immediately thereafter, the Central Board of Secondary Education, as per Ext P3 letter, informed the petitioner's son that he had qualified for award of scholarship for higher education under Innovation in Science pursuit for Inspire Research by virtue of his performance within top 1% of the Senior School Certificate Examination conducted by the C.B.S.E in March/April, 2013. It was also informed that the performance in top 1% and enrolment into basic and natural science courses at B.Sc/Integrated M.Sc or M.S levels would automatically qualify Siddarth for scholarship for higher education from the Government of India valued at Rs.80,000/- per year for 5 years. Thereupon, the petitioner's son applied for admission at the Indian Institute of Science Education and Research (IISER), Bhopal and obtained admission for the B.S-M.S Dual Degree Programme in the academic year 2013-14. His son having got admission in one of the most prestigious educational institutions in the country, the petitioner submitted a request before the second respondent on 22.7.2013, to release the original documents submitted at the time of admission and to issue Transfer Certificate, so that his son could join at IISER before 29.7.2013, the last date fixed for admissions there. On 22.7.2013 itself, the second respondent issued Ext P5 communication to the Director of the first respondent College stating that the documents and Transfer Certificate can be released after collecting fees for the entire duration of the course, amounting to Rs.2,60,000/-. In a purported gesture of grace, the second respondent directed that the petitioner may be exempted from paying liquidated damages of Rupees One lakh as a very special case and that a no claim declaration should be collected from the candidate before releasing the documents. Left with no other choice, the petitioner remitted the amount of Rs.2,50,000/- and obtained the documents and the Transfer Certificate. Immediately thereafter the petitioner approached the Admission Supervisory Committee requesting that the first respondent college may be directed to refund the amount illegally collected towards fees for the entire duration of the course, to which his son had been admitted. Thereupon, the Admission Supervisory Committee issued notice to the first respondent college and sought its reply to the complaint submitted by the petitioner. The first respondent sent Ext P10 reply stating that the petitioner's son had joined for first year B.Tech Mechanical Engineering course in the college on 5.7.2013 and had sought to discontinue the course by letter dated 22.7.2013. That, the last date of admission to the course was 15.7.2013, as per the agreement and Government Order No. G.O(Ms) No.265/2013/HEdn. dated 13.6.2013 and since the request was made after closure of admission, the student was liable to pay fees for the entire duration of the course, as well as liquidated damages. The Admission Supervisory Committee did not take a decision in the matter immediately and hence this Writ Petition was filed seeking a direction to respondents 1 and 2 to refund the amount of Rs.2,70,000/- collected from the petitioner. Pending the Writ Petition, the Admission Supervisory Committee issued Ext P16 order and thereupon, the Writ Petition was amended by including a prayer to quash Ext P16 order in so far as it declined the prayer for refund of tuition fee of Rs.1,60,000/- with interest.
2. Under the impugned Ext P16 order, the Admission Supervisory Committee had relied on Clause 12.2.4(a)(i) of the G.O(Ms) No.265/2013/H.Edn. dated 13.6.2013 (Ext P9) to hold that the petitioner is li
