IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 35564 of 2008(H) ---------------------------------- PETITIONER: --------------------- AMEER.M, S/O.ALAVI.M, AGED 18 YEARS, MATTUMMAL HOUSE, HAJIYAR PALLI, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, M.E.A ENGINEERING COLLEGE, CHEMMANIYOD, VENGOOR, MALAPPURAM DISTRICT 4. THE PRINCIPAL, K.S.D-L.B.S COLLEGE OF ENGINEERING, KASARGODE. BY GOVERNMENT PLEADER SMT. C.L.SUNITHA SUKUMAR ADVS. MR.R.RAMADAS FOR R3 MR.P.B.SURESH KUMAR SC, LBS CENTRE FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35564 of 2008(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE ALLOTMENT MEMO DATED, 31-8-2008, ISSUED BY THE SECOND RESPONDENT. EXT.P2 - TRUE COPY OF THE PAYMENT SLIP ISSUED FROM THE STATE BANK OF TRAVANCORE, TRIVANDRUM DATED 1.9.2008. EXT.P3 - TRUE COPY OF THE ALLOTMENT MEMO ISSUED BY THE 2ND RESPONDENT DATED 22.10.2008. EXT.P4 - TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT FOR THE ISSUANCE OF T.C. AND OTHER DOCUMENTS DATED, 28.10.2008. EXT.P5 - TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED, 28.10.2008 AS NO. CEE/3256/2008/TA1. EXT.P6 - TRUE COPY OF THE LETTER DATED, 24.10.2008 OF THE KERALA SELF FINANCING ENGINEERING COLLEGE MANAGEMENT ASSOCIATION DATED, 24.10.2008. EXT.P7 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR EDUCATION, THE STATE OF KERALA ON 30.10.2008. RESPONDENT'S EXHIBITS: EXT.R3(a) - TRUE COPY OF THE AGREEMENT DATED 24.6.2008 EXECUTED BY THE STATE GOVERNMENT AND THE KERALA SELF FINANCING ENGINEERING COLLEGE MANAGEMENTS ASSOCIATION. // TRUE COPY // PA TO JUDGE S. SIRI JAGAN, J ............................................... W.P.(C) No. 35564 of 2008 ................................................. Dated this the 1st day of July, 2009 J U D G M E N T The petitioner filed this writ petition seeking the following reliefs: “i) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the 3rd respondent to issue transfer certificate and other documents of the petitioner forthwith, without any further delay; ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the 4th respondent to keep one seat in the course - Information Technology - vacant, till the petitioner gets transfer certificate and other documents from the 3rd respondent college; iii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents 1 and 2 to take action against the 3rd respondent for the non-issuance of transfer certificate to the petitioner;” On 11.12.2008 this court passed the following interim order in this writ petition. “Heard learned counsel for the petitioner Sri. Babu S. Nair and Sri. R.Ramadas, learned counsel appearing for the third respondent. Counter affidavit has been filed by the third respondent. The stand taken by the third respondent is that the Commissioner is not entitled to accept higher option of a student after the second allotment. He refers to clause 3 in Ext.R3(a) agreement executed in this behalf between the Kerala Self Financing W.P.(C) No. 35564 of 2008 -2- Engineering College Managements' Association and the State. The third respondent submits that Ext.P5, the allotment made by the Commissioner on 22.10.2008 is illegal. 2. I am of the view that it is not open to the third respondent to collaterally challenge Ext.P5. There are no other circumstances pointed out to refuse to issue the transfer certificate of the student concerned. 3. Sri. Ramdas submits that the student is bound to pay liquidated damages to the institution for an amount equivalent to the entire fees which he otherwise would have paid, had he completed four years of study. But it is admitted that a bond or any other form of security has not been furnished by the student. If the college is entitled to recover any damages from the student, then it is open to the college to pursue such a course of action. Accordingly, there will be a direction to the third respondent to issue to the petitioner the transfer certificate and other documents, as directed in Ext.P5 on or before 16.12.2008. It is made clear that immediately thereupon the petitioner shall present himself before the 4th respondent college and the 4th respondent shall be bound to admit the petitioner if the petitioner presents himself on or before 19.12.2008.” Now it is submitted by both sides that pursuant to the interim order, Transfer Certificate has been issued and therefore the writ petition may be disposed of in terms of the interim order. Ordered accordingly. However, I make it clear that the claim of the 3rd respondent for liquidated damages is left open to be agitated in appropriate proceedings. S. SIRI JAGAN, JUDGE rhs