IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 34900 of 2007(D) -------------------------- PETITIONER(S): --------------- SUNITHA.K.M., D/O.K.S.MOHANAN, AGED 18 YEARS, KANAKKATHARAPARAMBIL HOUSE, MULLAKARA, MANNUTHI P.O., THRISSUR-680 651. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): --------------- 1. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SHANTHI NAGAR, THIRUVANATHAPURAM-695 001. 2. THE PRINCIPAL, NEHRU COLLEGE OF PHARMACY, PAMPADI, THIRUVILWAMALA, THRISSUR-680 597. ADV. SRI.GEORGE JACOB (JOSE) FOR R2 SR. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 34900 OF 2007 -------------------------- Dated this the 1st day of October, 2009 J U D G M E N T Heard Sri. C.A.Chacko, the learned counsel appearing for the petitioner, Sri. P.N.Santhosh, the learned Government Pleader appearing for the first respondent and Sri. George Jacob, the learned counsel appearing for the second respondent. 2. The petitioner was admitted for the B.Pham degree course in the year 2007 in Nehru College of Pharmacy, Thrissur, pursuant to the allotment made by the Commissioner for Entrance Examinations. The petitioner joined the college on 25.9.2007. Admissions for the B.Pham degree course during the year 2007 were closed on 31.10.2007. Fifteen days thereafter, the petitioner left the college for joining another course elsewhere. It is not in dispute that she left the college on her own and that it was not on account of any allotment made by the Commissioner for Entrance Examinations. The petitioner submits that on joining the B.Pham degree course in Nehru College, she had remitted a total sum of Rs.16,880/- and that as she did not pursue her studies at the W.P.(C) No. 34900/07 2 college, she is entitled to refund of the said sum. In this writ petition, the petitioner seeks a direction to the second respondent to refund the sum of Rs.16,880/-and to issue a Transfer Certificate to her. 3. The second respondent has filed a counter affidavit wherein it is stated that though the petitioner ought to have paid a total sum of Rs.20,080/-consisting of Rs.10,000/- towards caution deposit, Rs.6,800/- towards expenses for grant of affiliation and other charges, Rs.3,200/- towards cost of uniform and Rs.80/- towards insurance premium, the petitioner paid only the sum of Rs.16,880/-. It is also submitted that since the University has already expended Rs.6,880/- towards various items of expenditure on the belief that the petitioner will continue her studies in the college, the petitioner can claim refund of only Rs.10,000/-. As regards issuance of Transfer Certificate, it is not in dispute that the Transfer Certificate was issued after this writ petition was filed. 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. In view of the fact that the petitioner left the college voluntarily after the allotments were closed, W.P.(C) No. 34900/07 3 I am of the opinion that the petitioner cannot legitimately claim refund of the expenses incurred by the college for the purpose of getting affiliation, insurance premium and other incidental and related charges. She can, in my opinion, claim only refund of the caution deposit of Rs.10,000/-, which the management fairly concedes, they will pay. I accordingly dispose of this writ petition with a direction to the second respondent to disburse the sum of Rs.10,000/- to the petitioner. Payment shall be made by demand draft drawn in favour of the petitioner and shall be handed over to the learned counsel appearing for the petitioner in this Court and a memo filed to that effect within two weeks from the date on which the petitioner produces a certified copy of this judgment before the second respondent. The second respondent shall thereafter file a memo in this Court within one week. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 34900/07 4