IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WP(C).No. 13114 of 2007(J) --------------------------------- PETITIONER(S): ------------------- ANUPRAKASH, ELAMBASSERY HOUSE, PIPELINE ROAD, MALAPPARAMBA (P.O.), KOZHIKODE DISTRICT, PIN- 673 009. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, TRIVANDRUM. 3. THE DIRECTOR OF TECHNICAL EDUATION, TRIVANDRUM. 4. THE PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, KOZHIKODE. R1 TO R4 BY GOVT.PLEADER SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 13114/2007(J) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RECEIPT DATED 15/07/05 ISSUED TO THE PETITIONER. P2: COPY OF THE TRANSFER CERTIFICATE ISSUED TO THE PETITIONER. P3: COPY OF THE CONDUCT CERTIFICATE ISSUED TO THE PETITIONER. P4: COPY OF THE LETTER ISSUED BY THE GOVERNMENT DATED 10/10/05. P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 06/12/2006. P6: COPY OF THE REMAINDER SENT BY THE PETITIONER DTD. 10/01/07. P7: COPY OF THE COMMUNICATION ISSUED BY THE GOVERNMENT DATED 08/01/2007. P8: COPY OF THE RELEVANT PORTION OF PROSPECTUS FOR THE YEAR 2006-07. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 13114 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of February, 2011 J U D G M E N T The petitioner was joined the B. Tech course in the Government Engineering College, Calicut in the year 2004- 05. After joining he discontinued the studies and applied for Transfer Certificate. For issuing the TC he was directed to pay Rs.50,000/- towards liquidated damages in accordance with the conditions in the prospectus. Since he badly wanted the transfer certificate he was forced to pay the same. The petitioner now wants refund of the said amount at least partially. The petitioner's contention is that the Government themselves found the clause in the prospectus onerous and by Ext.P4 dated 10.10.2005 directed the Commissioner of Entrance Examination to examine and furnish proposals to partially amend the clause 12.2.4 in the prospectus with retrospective effect. The petitioner submits that for the year 2006-07, by Ext.P8, the W.P.(C)No. 13114 of 2007 -2- clause was in fact amended reducing the liquidated damages for discontinuance of studies to Rs.25,000/-. The contention of the petitioner is that after having issued Ext.P4 the Government should have passed consequential orders implementing the same retrospectively which has not been done. The petitioner further submits that the petitioner had filed Ext.P5 representation dated 06.12.2006 for refund of the excess amount paid by the petitioner which has been acknowledged by Ext.P7 letter. The petitioner now seeks a direction to the 1st respondent to consider and pass orders on Ext.P5 as acknowledged in Ext.P7 expeditiously. I have heard the learned Government Pleader also. From Ext.P7 I find that although Ext.P5 has been acknowledged the file was forwarded to the Election department. After having acknowledged Ext.P5 the Government had a duty to consider the same in accordance with law after taking it back from the Election department. In the above circumstances, this writ petition is disposed of W.P.(C)No. 13114 of 2007 -3- with the following directions: There would be a direction to the 1st respondent to consider and pass orders on Ext.P5 as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioner. If in view of the fact that Ext.P5 has been forwarded to the Election department the 1st respondent is unable to trace Ext.P5, Ext.P5 shall be considered as available in this writ petition. To enable the 1st respondent to consider Ext.P5 as available in this writ petition, the petitioner shall produce a copy of the writ petition along with a certified copy of this judgment before the 1st respondent for compliance. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/