Students discontinuing courses before the last admission date are entitled to refunds of liquidated damages paid, based on prior judgments.

JUDGMENT

Dated this the 13 ^th day of August, 2025 The petitioner had appeared for NEET for the year 2019 and secured sufficient score as per Ext.P1. Subsequently, the petitioner got allotment and admission for BDS Course at the Government Dental College, Alappuzha on 21.08.2019. Thereafter, she got allotment for B.V.Sc.& A.H (Bachelor of Veterinary Science and Animal Husbandry) Course under the All India quota. In that regard, the petitioner received a message about the provisional allotment of seat for B.V.Sc.&A.H Course on 06.09.2019. As contended in paragraph 5 of the writ petition, on the next day itself, i.e., on 07.09.2019, the petitioner submitted application before the 4^th respondent – Principal of the Government Dental College, Alappuzha for return of her certificates and to issue a Transfer Certificate. However, the College Authorities demanded, the remittance of Rs.5,00,000/- as liquidated damages for returning the documents.

2. Due to paucity of time, the petitioner has remitted Rs.5,00,000/- to the College Office on 14.09.2018 as evident by Ext.P7. On payment of the amount and on execution of Bond, certificates were released on 14.09.2019. It is the case of the petitioner that, though the last date of closing of admission for BDS Course was on 31.08.2019, as per paragraph 3 of Ext.P9 Circular, the last date of admission to BDS Course was extended upto 15.09.2019. It is contended by the petitioner that, in Clause 12.2.4 (a)(ii) in Ext.P8 prospectus, it is specifically stated that:

“If any candidate admitted against Government Seats in the Government /Government Controlled /Private Self Financing Medical & Dental Colleges and management seats in Government controlled self financing colleges allotted by the CEE for MBBS/BDS courses discontinues after the closing of admission in the same academic year, to join other Courses Colleges or for other purposes, he/she is liable to pay liquidated damages of Rs.10,00,000/- (Rupees Ten Lakhs only) in the case of MBBS course and Rs.5,00,000/- (Rupees five lakhs only) in the case of BDS course, irrespective of annual family income/ nativity/reservation status and also liable to be debarred from appearing the Entrance Examinations and /or allotments conducted by the CEE for a period not exceeding two years. In case of failure to remit the penalty, the same is liable to be recovered under the Revenue Recovery Act.”

3. However, it is contended by the petitioner that such condition is imposed only in cases when the candidate discontinue the course after the closing of the admission and here, in the case on hand, the last date of admission was extended, as per Exts.P9 and P11, to 15.09.2019. It is contended that, well within that period, i.e., on 07.09.2019, the petitioner intimated the College Authorities about her intention to discontinue the BDS Course, upon receiving intimation of allotment to B.V,Sc.& A.H under the All India quota. It was the duty of the College Authorities to intimate the 3^rd respondent with respect to the availability of the seat for BDS Course for the said academic year. Therefore, the petitioner contended that she is entitled to refund of liquidated damages of Rs.5,00,000/- remitted as per Ext.P7.

4. A counter affidavit has been filed by the

3^rd respondent. In paragraph 6 of the counter affidavit, it was submitted that it was only on 14.09.2019, which was the day before closing the date of admission, the Office of the 3^rd respondent received e-mail from the Principal, Government Dental College, Alappuzha that the said candidate has discontinued the course and has requested TC. Accordingly, the O