IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WA.No. 1735 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.18957/2008 Dated 12/06/2009 .................... APPELLANT/PETITIONER: --------------------------- K.RENU,D/O.K.K.CHANDRAN NAIR, NEELANJANAM,GIRI NAGAR COLONY, N.S.S.ENGINEERING COLLEGE, PALGHAT-678008. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE COMMISSIONER OF ENTRANCE EXAMINATIONS,HOUSING BOARD BUILDING,SANTHI NAGAR, TRIVANDRUM. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,HIGHER EDUCTION DEPARTMENT TRIVANDRUM. 3. THE UNIVERSITY OF CALICUT,THENHIPALAM.PO MALAPPURAM,REPRESENTED BY ITS REGISTRAR. 4. INSTITUTE OF ENGINEERING AND TECHNOLOGY, UNIVERSITY OF CALICUT,THENHIPALAM.P.O,REPRESENTED BY ITS PRINCIPAL. R1 & R2 BY SENIOR GOVT. PLEADER, SRI.BENJAMIN PAUL. R3 BY SRI.P.C. SASIDHARAN, SC, CALICUT UNIVERSITY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1735 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the non-consideration of the request of the writ petitioner regarding her eligibility to be admitted in the merit quota for Electronic and Communication Engineering in the 4th respondent Institute and as she has paid excess fee as against the merit quota, she approached this Court by filing the impugned writ petition. 2. The learned Single Judge rejected the writ petition on the ground that the petitioner has not challenged the provisions of the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-exploitative Fees and other measures to Ensure Equity and Excellence in professional Education) Act, 2006 and the Rules thereunder and as it is the petitioner herself has submitted her option for admission in the particular quota prescribed for higher fee category knowing WA No.1735 of 2009 -:2:- fully well that she is liable to pay higher fee. Hence the present appeal. 3. The Commissioner/respondent No.1 has filed a counter affidavit again reiterating the grounds but as seen from paragraph 8 of the counter affidavit, it clearly appears to us that even though the Government as per Ext.P8 had decided to return the excess amount paid by the petitioner for her admission but was not happy as the petitioner had made efforts to collect some information by calling other students similarly situated and as such passed a reverse order, Ext.P11. In our view, once the Government as per Ext.P8 had taken a decision to refund the excess fee, there is absolutely no justifiable ground shown as to why the said decision taken by the Government itself, came to be reversed by another order, Ext.P11. More over from the events it appears to us that the petitioner had no choice to accept the general category though normally she was entitled for merit category to pursue her education and as such merely because she had not challenged the provisions of the Act, 2006 and Rules thereunder, would not permit the Government to change the WA No.1735 of 2009 -:3:- decision and take a contrary view expressed in Ext.P8. As such, we find the learned Single Judge was not justified in declining to grant relief to the petitioner. Accordingly, the Writ Appeal is allowed and the impugned judgment is set aside. Respondent No.4 is directed to refund the excess fee collected as directed by the Government in Ext.P8 or to adjust the same in the subsequent semester fees in consultation with the appellant. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb/vku.