IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 15279 of 2011(H) ---------------------------------- PETITIONER(S): ------------------- SHAHANASEBI.V.T., D/O.SALEEM.V.T., JASEENA VILLA, NEAR JYOTHI THEATRE, POST TANUR, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): --------------------- 1. THE UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM, KERALA, PIN-695 034. 2. ARCHANA COLLEGE OF ENGINEERING,PALAMEL,NOORANAD.P.O., ALAPPUZHA DISTRICT.PIN-690 504, REPRESENTED BY ITS PRINCIPAL. 3. THE PRINCIPAL,ARCHANA COLLEGE OF ENGINEERING,PALAMEL, NOORANAD.P.O., ALAPPUZHA DISTRICT. PIN-690 504. 4. THE UNIVERSITY OF CALICUT,CALICUT UNIVERSITY.P.O., THENHIPALAM, PIN-673 635. 5. M.E.S. ENGINEERING COLLEGE, POST KUTTIPPURAM, MALAPPURAM DISTRICT.679 571. R1 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. R2 & R3 BY ADVS. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU R4 BY ADV. SRI.P.C.SASIDHARAN R5 BY ADVS. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2011, ALONG WITH WPC.NO.17222/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 15279/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ADMIT MEMO OF THE PETITIONER DATED 19/07/2010 P2: COPY OF THE REPRESENTATION FILED BY THE MOTHER OF THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 27/05/2001. P3: COPY OF THE APPLICATION TO TRANSFER OF STUDENT FORM ONE COLLEGE TO ANOTHER DATED 09/05/2011. P4: COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSES 2010. P5: COPY OF THE INCOME CERTIFICATE ISSUED BY THE TIRURANGADI VILLAGE OFFICER DATED 12/08/2010. RESPONDENT'S EXHIBITS: R2(a):COPY OF RELEVANT PORTION OF PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSES 2010 KERALA. /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J -------------------------------------------------- W.P(C) Nos.15279/2011 & 17222/2011 --------------------------------------------------- Dated this the 6th day of July, 2011. J U D G M E N T The issue raised in these writ petitions are similar and therefore these cases were heard together and are disposed of by this common judgment. 2. The petitioner in W.P(C) No.17222/2011 is a third semester student of B.Tech Electrical and Electronics in the 1st respondent college. Similarly, the petitioner in W.P(C) No.17222/2011 is the third semester student of B.Tech Computer Science and Engineering in the 2nd respondent college. 3. Both the colleges involved in these two cases are self financing colleges affiliated to the Kerala, Calicut University respectively. According to the petitioners, they have submitted application to the principal of the respective colleges requesting to forward their applications for transfer from their present college to another self financing college. However, the principal did not recommend and W.P(C) Nos.15279/2011 & 17222/2011 2 forward their applications to the University to which their present colleges are affiliated, demanding that the applicant should pay liquidated damages payable under the prospectus on the strength of which they secured admission, Principals also rely on the agreement between the college and the Government, which according to them enabled collection of liquidated damages. It is in these circumstances the writ petitions are filed for compelling the principal of their colleges to recommend and forward their applications to the University to which their colleges are affiliated. 4. As already seen the contention of the management is that the students should pay liquidated damages to the colleges. The sustainability of this contention has to be appreciated in the light of the prospectus for the year 2010-2011, on the strength of which the students secured admission. Ext.P6 in W.P(C) No.17222/2011 is the relevant extract of the prospectus. 5. Clause 12.2.4 of the prospectus reads as under: W.P(C) Nos.15279/2011 & 17222/2011 3 “Levying amount towards liquidated damages from candidates discontinuing their studies: (i) If any candidate admitted against 'Government' seats in Government/Aided/Self- financing Colleges, discontinues the studies after the closing of admissions in the same academic year, to join other Courses/Colleges or for other purposes, he/she is liable to pay a liquidated damages of Rs.1,50,000/- (Rupees one lakh fifty thousand only) for MBBS, BDS courses and Rs.75,000/- (Rupees seventy five thousand only) for other courses. The liquidated damages for those candidates discontinuing courses in Government Engineering Colleges will be Rs.50,000/- (Rupees fifty thousand only). In all such cases the Transfer Certificate will be issued only after remitting the liquidated damages to the authority concerned. Candidates belonging to SC/ST/OBC are exempted from this rule. Candidates belonging to 'Keralite' category, as per Clause 6.1 (i), whose annual family income is below Rs.75,000/- and who have submitted Income Certificate along with the application for admission to Professional Degree Courses 2010 will also be exempted from payment of Liquidated damages. Candidates who are transferred from one institution to another as per proceedings of the University concerned are exempted from payment of liquidated damages. In the case of Private Self financing Engineering Colleges, the date of closing of admission and levying of liquidated damages from the candidates discontinuing studies will be notified separately” 6. Petitioner relies on Clause 12.2.4(a)(i) and contend that the candidates who are transferred from one W.P(C) Nos.15279/2011 & 17222/2011 4 institution to another as per the proceedings of the University concerned, are exempted from payment of liquidated damages. Relying on this provision it is contended that since the petitioners seek transfer on the strength of University orders, irrespective of the point of time when they make their application, they are liable to be relieved from the liability for payment of liquidated damages. 7. Though his contention appears to be attractive at the first instance, I do not think that this contention is acceptable on merits. The provisions of clause 12.2.4(a)(i), makes it clear that the provisions for transfer mentioned therein, applies to cases where students discontinue the course after the closing of admissions in the same academic year in which students are admitted to the college. Therefore, the scope of the above provision for exemption has to be understood as one which is available for the benefit of students, only if they seek transfer in the same academic year and before the dates specified. W.P(C) Nos.15279/2011 & 17222/2011 5 8. Having so understood Clause (a)(i) of Clause 12.2.4, I think that what is relevant in so far as students herein are concerned, who made application for transfer in the 3rd semester, in the second year of their course, is Clause 12.2.4(b)(ii) which provides that “the students who discontinue the course after the first academic year are liable to be levied liquidated damages either as in Clause 12.2.4 (a)(i) or fee for remaining years, whichever is higher”. Therefore, in view of this provision in the prospectus, students like the petitioners could not be exempted from payment of liquidated damages. 9. In addition to the above, Ext.R1(a) agreement between the management and Government has also incorporated. Clause 10 providing for levy of liquidated damages from students like the petitioners. 10. Further in pursuance to clause 12.2.4(a)(i) of the prospectus, which provides that in the case of Private Self Financing Engineering Colleges, the date of closing of admission and levy of liquidated damages from the W.P(C) Nos.15279/2011 & 17222/2011 6 candidates, who discontinue their studies will be notified separately, the Government have issued Ext.R1(b) order dtd.9.6.2010, para 7(x) also provides for levy of liquidated damages. The said provision reads as under. “x) The educational agency is authorised not to refund the tuition fee of the course in the event a student admitted under the management or government quota, deserts or discontinues his/her studies for any reason at any time after 21st July, 2010. Students allotted by the Government shall be entitled to seek higher option on or before 21st July, 2010. Students seeking higher options shall intimate the educational agency and the Commissioner for Entrance Examinations of their decision in writing to withdraw from the allotment under the educational agency on or before 21st July, 2010. In such cases the educational agency shall be bound to refund the amounts received/collected. In case any student admitted to the college decides to cancell the admission for any reason whatsoever after the 21st July, 2010 the educational agency shall be entitled to collect the tuition fees for entire course as fixed under this agreement. The documents pertaining to such student shall be released only on payment of the above amount. The Commissioner for Entrance Examinations shall not allot any student to the educational agency after the 21st July, 2010.” 11. In view of the aforesaid provisions of the W.P(C) Nos.15279/2011 & 17222/2011 7 prospectus, Ext.R1(a) agreement and Ext.R1(b) Government order, the Principals were justified in demanding liquidated damages from the petitioners for entertaining the applications for transfer. 12. The petitioner in W.P(C) No.15279/2011 contended that he is a student admitted in the Government seats and therefore, his request has to be considered as provided in clause 12.2.4(b)(i) of the prospectus. However a reading of the said provision, itself indicate that the said provision applies only in respect of students allotted to Government College and Government aided colleges, whereas the college in which the student is admitted is a self financing colleges. In that view of the matter this plea raised by the learned counsel also deserves only to be rejected. 13. Having regard to the fact that the writ petitions were pending, it is directed that if the petitioners comply with the conditions of the prospectus within two weeks, the Principals concerned will forward the applications made by W.P(C) Nos.15279/2011 & 17222/2011 8 the petitioners to the University and the University will treat as if the applications were validly submitted and consider the same on merit. The writ petitions are dismissed as above. ANTONY DOMINIC ab JUDGE