IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 4946 of 2007(L) ------------------------ PETITIONER : --------------------- P.G.BHASKARAN PILLAI, PRINCIPAL, MOUNT ZION COLLEGE OF ENGINEERING, KADAMMANITTA, PATHANAMTHITTA. BY ADVS. SRI.T.S.JOHN SRI.M.S.RADHAKRISHNAN NAIR RESPONDENT(S): ------------------------- 1. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, SANTHINAGAR, THIRUVANANTHAPURAM. 2. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA, KOTTAYAM. 3. NIDHEESH.S., USHUS, CHENKOTTUKONAM, THUNDATHIL, THIRUVANANTHAPURAM. R1 BY GOVT. PLEADER SRI. ANTONY MUKKATH R2 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2011, ALONG WITH WPC NO. 33332 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 4946 of 2007(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF FEES RECEIPT. EXT.P2 : COPY OF THE RELEVANT PORTION OF THE PROSPECTUS OF 2001. EXT.P3 : COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN O.P 16636 OF 2002. EXT.P4 : COPY OF BANK GUARANTEE. EXT.P5 : COPY OF THE JUDGMENT IN OP NO. 16636 OF 2002. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) Nos.4946/07 & 33332/2006 ---------------------------------------------- Dated this the 13th day of June, 2011 JUDGMENT W.P.(C)No.4946/07 W.P.(C)No.4946/2007 is filed by the Principal of a Self Financing College. The 3rd respondent got admission to that College during the year 2001-2002 for B.Tech course in Computer Engineering in a payment quota seat. The 3rd respondent paid Rs.1 lakh towards interest free deposit and Rs.50,000/- towards tuition fee for the first year, as per Ext.P2 prospectus issued by the Commissioner of Entrance Examinations of the Government of Kerala. The 3rd respondent left the College after studying for one year to join another College. The petitioner, therefore, invoked clause 13.1.5 of Ext.P2 prospectus which permits the College to realise tuition fees for all the years. The 3rd respondent filed O.P.No.16636/2002 and obtained Ext.P3 interim order for issue of transfer certificate to him on the 3rd respondent providing a bank guarantee for the amount equal to the fees payable by him for the remaining years, less Rs.1 lakh. W.P.(C)No.4946/07 2 Pursuant thereto, the 3rd respondent provided Ext.P4 bank guarantee for an amount of Rs.50,000/-. Ultimately, by Ext.P5 judgment, O.P.No.16636/2002 itself was disposed of in terms of the above interim order. The petitioner has now filed this writ petition seeking the following reliefs: “(i) to issue a writ of mandamus or any other writ, order or direction directing to release the amount of Rs.1,00,000/- deposited in the college as interest free deposit and bank guarantee of Rs.50,000/- (Fifty thousand) given to the college by the 3rd respondent to the petitioner. (ii) to issue a writ of mandamus or any other writ, order or direction declaring Exhibit P2 relevant portion of the Prospectus is legal and binding on 3rd respondent”. 2. I have heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the 3rd respondent. The only question to be decided in this case is as to whether the 3rd respondent is liable to pay the tuition fee for the balance three years. Clause 13.1.5. of Ext.P2 reads thus: “13.1.5. Refund/Adjustment of fees for free/payment seats No fees will be refunded after the last date of closing the admission. Refund of fees will be applicable only to the students who leave the college on or before the last date of closing of admission and who claim the refund within 60 W.P.(C)No.4946/07 3 days. However the amount will be adjusted consequent on any change of course/institution effected based on the candidate's higher options. In such cases fresh fee will be collected from the candidate at the time of joining new institution. The fees remitted earlier by the candidate will be refunded, from the concerned institution on production of necessary documents in token of having joined a new course/college of professional course in the State. The above procedure is not necessary in the case of candidates moving to courses/colleges under a single authority. In such cases the fees remitted as annual tuition fee, admission fee, special fee and caution deposit will be adjusted and if any difference in the amount of fee under any of the items, has to be remitted by the candidate as and when required. The total refund of eligible fees is admissible in the case of candidates who are getting admission to professional courses out side the State. The refundable deposit against payment seats will be refundable only after the completion of the course after adjusting, dues, if any. The tuition fees, special fees and caution deposit in respect of free seats and consolidated annual fees, development fee, special fee & caution deposit for payment seats, as the case may be, will be refunded subject to the conditions given in the pre para given first. In the case of payment seats, if any candidate discontinues/leaves the institution after the closing of admission in the first year or in the subsequent years, he/she is liable to pay the tuition fee for the remaining years. In such case, transfer certificate will be issued only after the payment of the tuition fee of the remaining years. The interest free deposit will be returned after four years, adjusting the dues, if any, towards the tuition fee of the remaining years”. 3. In O.P.No.16636/2006, the 3rd respondent challenged the said clause. But, this Court did not accept the W.P.(C)No.4946/07 4 challenge and passed orders only in respect of the issue of transfer certificate which was subject to production of a bank guarantee and permitting the petitioner to retain Rs.1 lakh as security for the balance amount. In view of the specific provision in the above said clause of Ext.P2 prospectus, I do not think that the 3rd respondent can now contend that he is not liable to pay the tuition fees for the balance years. The said clause also specifically authorises the College to retain the interest free deposit of Rs.1 lakh for four years for adjusting the dues, if any, towards the tuition fee of the remaining years. Admittedly, in this case, the 3rd respondent left the College after the last date stipulated for completing admissions. Therefore, the 3rd respondent is bound by the above clause. As such, he is liable to pay to the College the tuition fee for the balance three years also. The clause provides that if any amount is outstanding, the same can be adjusted against the interest free deposit. 4. In the above circumstances, the petitioner is entitled to appropriate the interest free deposit of Rs.1 lakh and to encash the bank guarantee for the balance Rs.50,000/-. W.P.(C)No.4946/07 5 But, the learned counsel for the petitioner could not tell me as to whether Ext.P4 bank guarantee has been renewed and is current now. If it is not current, the same cannot be enforced. Since the limitation period of filing a suit for recovery of the amount is over, no suit also can be filed now. Accordingly, this writ petition is disposed of with the following directions: The petitioner can adjust the interest free deposit against the tuition fee payable by the 3rd respondent towards fees for the balance three years as per clause 13.1.5 of Ext.P2 prospectus. If Ext.P4 bank guarantee is still current, the petitioner may invoke the same for recovery of the balance. But, if the bank guarantee has expired, then the petitioner cannot enforce the payment of the balance Rs.50,000/-. W.P.(C)No.33332/2006 W.P.(C)No.33332/2006 is filed by the 3rd respondent in the other writ petition seeking the following reliefs: “(i) issue a Writ of Mandamus or any other appropriate Writ, Direction or Order, directing the 2nd respondent to release the amount of Rs.1,00,000/- to the petitioner which was deposited by the petitioner under payment seat as per Ext. P-1. (ii) issue a Writ of Mandamus or any other appropriate Writ, Direction or Order, directing W.P.(C)No.4946/07 6 the 2nd respondent to release Original of Exhibit P-3 Bank Guarantee to the petitioner forthwith”. In view of the judgment in W.P.(C)No.4946/2007, the petitioner in this writ petition is not entitled to any reliefs in this writ petition. Accordingly, W.P.(C)No.33332/2006 is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.4946/07 7