IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WA.No. 407 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.28487/2005 Dated 29/08/2008 .................... APPELLANTS/ RESPONDENTS: ------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE COMMISSIONER OF ENTRANCE EXAMINATIONS, KSHB BUILDINGS, SHANTHI NAGAR, TRIVANDRUM. 2. THE DIRECTOR OF MEDICAL EDUCATION, TRIVANDRUM. 3. THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE CALICUT. BY GOVERNMENT PLEADER MS. K.MEERA RESPONDENT/ PETITIONER: ------------------------------------------ A.SHRUTHI, R/O. "SHRUTHI" NEAR SIVAN KOVIL, PIRAYIRI P.O., PALAKKAD 678019. ADV. SMT.K.GIRIJA FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, Ag. C.J. & C.N.RAMACHANDRAN NAIR, J. --------------------------- W.A. No. 407 OF 2009 -------------------------- Dated this the 2nd day of March, 2010 J U D G M E N T Raman, Ag. C.J. The writ petition was filed for refund of the amount of Rs.1,00,000/- which was paid by the petitioner under protest (being liquidated damages for obtaining TC for discontinuance of studies) and Rs.12,225/- paid towards fee after joining the Govt. Dental College. The writ petitioner discontinued her studies on 30.9.2005 so as to join the Medical College. Prospectus provide for payment of liquidated damages in case the candidate discontinued his or her studies after the closure of the admission. In other words, the discontinuance must be after the closure of the admission, then only liquidated damages is liable to be paid. prior thereto this clause will not apply. Since the TC was not issued, the writ petitioner paid the amount under protest and filed this writ petition. 2. The learned single Judge from Ext.P2 order and Ex.P3 receipt showing the payment of fee found that the petitioner had discontinued her studying in the Dental College before closing of the admission, in which event the clause provided for payment of damages does not apply. Ext.P2 is an order passed by this Court on 30th September, 2005 in W.P. (C) No. 27882 of 2005 filed by the writ petitioner seeking a direction to the W.A. No.407/09 2 Sree Gokulam Medical College to admit the petitioner for MBBS course provisionally pending disposal of the writ petition. On noticing that there is already a vacancy available in the MBBS course, the Commissioner was directed to consider sponsoring of the petitioner as a candidate to the said vacancy. Eventually, the petitioner got admission in the said college for MBBS. Ext.P3 is the receipt issued by the learned counsel appearing for the second respondent in the said case showing that the amount of Rss.1,13,000/- was received from the writ petitioner as tuition fee for the academic year 2005-06. Thus the learned single Judge drew the inference that discontinuance had happened in this case as a result of Ext.P2 order and further it is supported by Ext.P3 receipt also. Since the candidate got admission in Medical College only after discontinuing the course where she was studying namely, the Dental College, and since the writ petitioner was admitted in the Medical College pursuant to the order passed by this Court after remitting the fee as aforesaid, which is much before the appointed day namely, the closure of the admission, the inference drawn by the learned single Judge cannot be said to be in any way wrong even though the learned Government Pleader appearing on behalf of the State submits that the transfer certificate was actually issued only on 1.10.2005 after cancelling the admission. Therefore he contends that discontinuance of the petitioner from the college can only be on 1.10.2005 that is the day W.A. No.407/09 3 after the closing of the admission. Weighing the evidence as produced in the case, the inference drawn by the learned single Judge appears to be more reasonable. In that view of the matter, we find no ground warranting interference in the writ appeal. The learned Government Pleader further submitted that the time fixed for refund of the amount by the learned single Judge have expired during the pendency of the appeal. She prayed for extension of time. We therefore grant one months time from today for effecting payment. The writ appeal is accordingly dismissed. P.R.RAMAN, Ag. CHIEF JUSTICE C.N.RAMACHANDRAN NAIR JUDGE vps