IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 29781 of 2008(U) -------------------------------- PETITIONER: -------------- THOMAS JOHN, S/O.C.JOHN, CHOLLAMBEL HOUSE, MGM NAGAR, PERUMPILLY P.O. MULANTHURUTHY, ERNAKULAM DISTRICT, PIN - 682314. BY ADV. SRI. BOBBYMATHEW KOOTHATTUKULAM RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 2. THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, CALICUT. GOVERNMENT PLEADER SRI. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.29781/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE ADVICE MEMO DT.19.6.2007 ISSUED IN THE NAME OF the PETITIONER. EXT. P2 : COPY OF the RECEIPT ISSUED BY THE 2ND RESPONDENT DT.28.6.2007. EXT. P3 : COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DT.28.6.2007. EXT. P4 : COPY OF the LETTER DT.16.7.07 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT. P5 : COPY OF the ORDER OF THE 2ND RESPONDENT DT.17.7.07. EXT. P6 : COPY OF the LETTER DT.15.11.07 FORWARDING THE AMOUNT OF CAUTION DEPOSIT. EXT. P7 : COPY OF the LETTER SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT.20.9.07. EXT. P8 : COPY OF THE LETTER SUBMITTED BY the PETITIONER TO THE 2ND RESPONDENT DT.16.1.2008. EXT. P9 : COPY OF the E-MAIL LETTERS TO THE 2ND RESPONDENT. EXT.P10 : COPY OF the ORDER OF THE DEPARTMENT OF HIGHER EDUCATION, MINISTRY OF H.R.D. GOVT. OF INDIA DATED NIL. EXT. P11 : COPY OF the PUBLIC NOTICE DT.23.4.2007 ISSUED BY U.G.C. EXT. P12 : COPY OF the RELEVANT PAGES OF the INFORMATION BULLETTIN ISSUED BY CENTRAL BOARD OF SECONDARY EDUCATION. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.29781 of 2008 --------------------------------- Dated, this the 29th day of January, 2009 J U D G M E N T The petitioner was provisionally admitted by the 2nd respondent for MBBS course. According to the petitioner, though he paid Rs.12,740/- towards the fee, he was relieved from the course as per Ext.P5 proceedings. However, the fee paid was not refunded, and therefore, the writ petition is filed. 2. The learned Government Pleader, on instructions, submit that the petitioner had made a total payment of Rs.12,740/-, and that Rs.1,000/- being the caution deposit, has already been refunded to him. It is stated that deducting the fee that was remitted to the University, Rs.9,625/- will also be refunded by the 2nd respondent to the petitioner. I record this submission. The petitioner is also satisfied with the submission made. 3. Therefore, the writ petition is disposed of recording the submission made as above and directing the 2nd respondent to refund Rs.9,625/- within three weeks of production of a copy of this judgment. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg