IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 20714 of 2004(N) -------------------------- PETITIONER(S): --------------- RANI SUHRA S., AGED 18 YEARS, D/O. E.SAINULABDEEN, SIYAD MANZIL, T.C.63/3217, AMBALAATHARA,POONTHURA P.O.,THIRUVANANTHAPURAM DT. BY ADV. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TECHNICAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM. 3. SHREE VIDYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM P.O.,THIRUVANANTHAPURAM-20, REPRESENTED BY ITS PRINCIPAL. R1&2 BY G.P. SRI.MATHEW VADAKKEL ADV. SRI.D.SOMASUNDARAM FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF REPLY DT.12.7.2004 INSISTING PAYMENT OF LIQUIDATED DAMAGES OF RS.50,000/- BEFORE RETURNING THE DOCUMENTS CLAIMED BY THE PETITIONER. P2: PHOTOCOPY OF RELEVANT PAGE NO.6 CONTAINING CLAUSE 5.9 OF THE INFORMATION BROCHURE PUBLISHED BY R2 FOR 2003. P3: PHOTOCOPY OF RELEVANT PAGE NO.55 OF THE INFORMATION BROCHURE PUBLISHED BY R2 FOR 2003 WHERE R3 COLLEGE IS SHOWN TO BE AFFILIATED TO THE KERALA UNIVERSITY. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.20714 of 2004 .................................................................... Dated this the 13th day of August, 2009. JUDGMENT W.P.(C) is filed challenging the demand of Rs.50,000/- by the third respondent for petitioner's discontinuing studies in the College after joining there for Homeopathic medical studies. The petitioner secured admission under the merit quota and the Government allotted petitioner to third respondent-College for joining the Homeopathy medical course. The petitioner joined on 27.10.2002, but discontinued studies from 15.11.2003 onwards. The case of the third respondent is that petitioner discontinued studies after closure of admission and so much so, the Government Order namely, Ext.P2 in clause 59 provides for recovery of Rs.50,000/- towards liquidated damages by the institution from where the student leaves the course after closure of admission. Petitioner's case is that recovery cannot be made under this clause because third respondent did not have the recognition for conducting the medical course. Strangely petitioner has not sought admission anywhere after leaving the third respondent-college in that academic year. However, petitioner later wrote the Entrance Examination and got admission for MBBS. Therefore, it is obvious that 2 petitioner left the third respondent-college not because it does not have recognition but because petitioner took a later decision to join only for MBBS course which she managed later after writing the Entrance Examination. Allotment of seat is made by Government and if petitioner was allotted to a college which does not have recognition, it was open to the petitioner to seek admission in the same academic year in another college which has recognition. So long as petitioner has not done this, but just discontinued study, I am of the view that the petitioner's stand that petitioner discontinued only because college does not have recognition cannot be true. Further, it is not known whether the third respondent- College was awaiting approval from concerned authorities and that could be the reason why Government allotted petitioner and other students to that college which at that time did not have recognition and will get recognition shortly. In the circumstances, W.P. fails and is dismissed leaving freedom to the third respondent to encash the Bank Guarantee furnished by the petitioner under interim order of this court. C.N.RAMACHANDRAN NAIR Judge pms