IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 252 of 2009(E) ------------------------------------- PETITIONER(S): ----------------------- NEETHU UNNI, D/O. M. UNNIKRISHNAN, SREEBHAVAN, VARAM.P.O, KANNUR. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SRI.AMBIKA RADHAKRISHNAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY ITS SECERETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, TRIVANDRUM - 695 001. 3. VEDAVYASA INSITITUTE OF TECHNOLOGY PONNEMPADAM.P.O, KARADPARAMBA, MALAPPURAM, REP. BY ITS CHAIRMAN. 4. THE PRINCIPAL, VEDAVYASA INSITTUTE OF TECHNOLOGY PONNEMPADAM.P.O, KARADPARAMBA, MALAPPURAM. 5. THE PRINCIPAL, ATHURASRAMAM N.S.S HOMOEOPATHIC MEDICAL COLLEGE, SACHIVOTHAMAPURAM, P.O. KURICY, DIST. KOTTAYAM' ADV. SRI.P.VIJAYA BHANU FOR R3 SRI.P.VENUGOPAL (1086/92) FOR R3 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.252/2009 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ALLOTMENT MEMO DT. 31.8.08 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. P2:- COPY OF THE ALLOTMENT MEMO DT. 22.12.08 ISSUED BY THE 2ND RESPONDENT DT. 22.12.08. P3:- COPY OF THE PAYMENT SLIP ISSUED BY THE STATE BANK OF TRAVANCORE, KANNUR CIVIL STATION BRANCH DT. 26.12.08. [4”:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE ISSUANCE OF TRANSFER CERTIFICATE BEFORE THE 4TH RESPONDENT. P5:- COPY OF THE COMMUNICATION ISSUED BY THE AICTE TO THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.252 of 2009 --------------------------------- Dated, this the 8th day of January, 2009 J U D G M E N T While the petitioner is a first year Engineering student of the 3rd respondent College, she got admission in the 5th respondent College for BHMS Course. Thereupon, she applied for Transfer Certificate. In this writ petition, she complains that the TC was not issued. 2. The 3rd respondent has filed a counter affidavit. According to them, they received application for TC only on 01/01/2009. On the merits, the 3rd respondent is relying on Clause 12.2.4 of the Prospectus, based on which the petitioner was granted admission. It is stated that in terms of the said Prospectus, the petitioner is liable to pay liquidated damages of Rs.50,000/- to the Institution, as she is discontinuing the studies after closing of admission. 3. Evidently, admission was granted to the petitioner based on the Prospectus for the year 2008. It contains Clause 12.2.4, which provides for payment of Rs.50,000/- as the damages. The petitioner is bound by the Prospectus and therefore, before WP(C) No.252/2009 -2- obtaining the TC, the petitioner should make payment of the damages as provided in the Prospectus. 4. Having regard to the above, it is directed that since the application for TC has been received by the 3rd respondent, on the petitioner remitting the liquidated damages payable in terms of Clause 12.2.4 of the Prospectus, without any further delay, TC shall be issued to the petitioner. The petitioner will produce a copy of this judgment before the 3rd respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg