Students withdrawing from management seats are obligated to pay liquidated damages according to the admission terms regardless of their reasons for discontinuation.

JUDGMENT

The petitioner is before this Court aggrieved by the denial of issuance of Transfer Certificate and return of original certificates submitted at the time of admission to a B.Tech. Bio-

Medical Engineering Course in the year 2014.

2. The petitioner got herself admitted to the 1st respondent-College in a management seat by virtue of the rank obtained in the examination conducted for the said year by the Commissioner of Entrance Examinations as per the prospectus issued for that year. The petitioner, it is averred, paid fee for the two academic years. The petitioner alleged disruption of classes due to agitations and also lack of discipline in the institution. Allegations are also made regarding the poor quality of the training imparted as also the absence of qualified faculty. Apprehending adverse effect on her future prospects, the petitioner has approached the institution for discontinuing her studies; seeking return of original documents and also Transfer Certificate. It is alleged, the institution has demanded the full tuition fee for the remaining period, amounting to Rs.1,20,000/- for the return of the certificate. Though a lawyer notice was also issued, there is no response from the first respondent. Therefore, the petitioner is before this Court for a direction to the first respondent for issuance of Transfer Certificate and return of original documents submitted at the time of admission.

3. The learned Standing Counsel for the University and the learned counsel for the College submit that the petitioner having been admitted in a management seat, the petitioner is obliged to comply with the condition for liquidated damages, as per the prospectus issued by the Government of Kerala under which she sought admission. Clause 12.2.4(b)(iii) of the prospectus for the year 2014 is extracted hereunder:

“(iii) For Management seats in Government controlled Self-financing colleges, fee for the remaining years of study will be levied as liquidated damages, irrespective of annual family income/nativity/reservation status”.

4. The petitioner has sought for relief from the course only in the 3rd year of her study. In such circumstance, the petitioner would be obliged to satisfy the liquidated damages. The allegations made by the petitioner, if true are to be proved with sufficient evidence, which would be an impermissible exercise under Article 226. The liquidated damages has to be calculated on the basis of the tuition fees; which the college would have obtained if the petitioner continued. The same has to be accepted, since the other amounts of caution deposit, cost of uniform, etc., are in the nature of reimbursable expenses, which cannot be demanded since the petitioner is discontinuing studies. 5. In such circumstances, the 1st respondent shall issue the demand for liability, computing the same on the basis of the tuition fees agreed to be levied on a student (as per the agreement entered into with the Government) within a period of one week from the date of receipt of a certified copy of this judgment; failing which, the petitioner shall be issued with the Transfer Certificate as also the original certificates submitted on admission. If a liability certificate is issued and the petitioner satisfies the same, immediately thereafter within two days the Transfer Certificate shall be issued and the original certificates shall be returned.

The writ petition is disposed of as above. No costs.

K.Vinod Chandran Judge.

DMR/-