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2020 Supreme(Online)(KER) 42196

HIGH COURT OF KERALA
A.M.SHAFFIQUE, GOPINATH P, JJ
PRINCIPAL, KANNUR MEDICAL COLLEGE – Appellant
Versus
NUJUMUDEEN – Respondent


Advocates:
SRI.B.KRISHNA MANI, SMT.MARY BENJAMIN, SRI.ABDUL RAOOF

J U D G M E N T

Dated this the 6th day of August, 2020 Shaffique, J.

WP(C) No. 29295/2019 has been filed by the Principal, Kannur Medical College challenging an order passed by the Admission Supervisory Committee (ASC) for Professional Colleges in Kerala directing the petitioner to pay an amount of `28,35,000/- to the complainant.

2. Before ASC, the complainant contended that for the admission of her son, she had paid an amount of `31.25 lakhs whereas according to the petitioner college, they have received `11.65 lakhs. The Committee after evaluating the evidence observed that there is justification on the part of the complainant claiming `31.25 lakhs and accordingly directed refund of the amount as stated hereunder:-

Sl. No. Particulars Amount
1 Fee including hostel fee `11,65,000/-
2 Twice the amount collected over and above the fee (`20,00,000 x 2) `40,00,000/-
3 Amount already refunded `23,30,000/-
4 Balance payable (1 + 2 - 3) ` 28,35,000/-
3. WP(C) No. 14917/2020 has been filed by mother of the student seeking a direction to implement the order passed by ASC. Hence both the cases are heard and decided together.

4. We have heard Sri.Abdul Raoof, learned counsel for

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