IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 27885 of 2004(T) ---------------------------------------- PETITIONER: -------------------- AMSON ALIAS, S/O.V.M.ALIAS, AGED 20 YEARS, STUDENT,RESIDING AT VATTAPPARA HOUSE, PANCODE P.O., AIKARANADU NORTH VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.BENJAMIN PAUL SRI.SAJI VARGHESE KAKKATTUMATTATHIL RESPONDENTS: ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, SANTHI NAGAR, TRIVANDRUM 685 001. 2. THE PRINCIPAL, NATIONAL COLLEGE OF PHARMACY, MANASSERY, KOZHIKODE 673 602. 3. DR.K.MOIDU, CHAIRMAN AND MANAGING DIRECTOR, NATIONAL COLLEGE OF PHARMACY, NATIONAL HOSPITAL, I.G.ROAD, KOZHIKODE 673 001. BY GOVERNMENT PLEADER SRI. D. ANILKUMAR – R1 BY ADV. SRI.M.ASOKAN - R2 SRI.DEVAPRASANTH.P.J. - R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27885/2004 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF FEES RECEIPT REMITTED BY THE PETITIONER DTD. 09/12/2002. EXT.P2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE REFUND OF FEES DTD. 13/10/2003. EXT.P3: COPY OF THE DIRECTION GIVEN BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT TO REFUND THE FEES DTD. 09/11/2003. EXT.P4: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT ON 09/06/2004. EXT.P5: COPY OF THE RELEVANT PORTIONS OF THE PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSE, KERALA, 2002. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K.BALAKRISHNAN NAIR, J. ----------------------------------------- W.P.(C) NO. 27885 OF 2004-T ----------------------------------------- JUDGMENT The petitioner was a student who joined the National College of Pharmacy for B.Pharm course, by paying an amount of Rs.1,50,000/-. Later, he got admission in another College, based on the higher option exercised by him. When he left the College, he demanded refund of the said amount. But, the college repaid only Rs.1,12,000/-. Claiming the balance amount, the petitioner moved the Government, by filing Ext.P2 representation. The Commissioner of Entrance Examination issued Ext.P3 communication dated 9.11.2003, directing the Principal of the College to refund the balance amount. Alleging that Ext.P3 is not respected by respondents 2 and 3, this writ petition was filed. 2. The Management of the College has not chosen to challenge Ext.P3. In view of the above position, the 1st respondent is directed to take further action pursuant to Ext.P3 communication, so that the petitioner could get the balance amount payable in terms of that communication by respondents 2 and 3. This the 1st respondent shall do within three months WPC 27885/04 2 from the date of production of a copy of this judgment. The Writ Petition is disposed of as above. 20th June, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/