IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 12876 of 2011(H) -------------------------------- PETITIONER: -------------- ZACHARIAH C.K., S/O.C.K.BASHEER, AGED 18 YEARS, CHERUKIDAKUNNUMMAL HOUSE, NALLAMTHANNI, PULLANCHERY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE PRINCIPAL, K.T.MANU MUSLIAR SMARAKA SHARIYATH COLLEGE, CHANDAKUNNU P.O., NILAMBUR, MALAPPURAM DISTRICT, PIN-676121. BY ADV. SRI.K.M.SATHYANATHA MENON FOR R2 SMT. M.T. SHEEBA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.12876/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF CERTIFICATE OF S.S.L.C EXAMINATION OF PETITIONER ISSUED BY BOARD OF PUBLIC EXAMINATIONS, KERALA DTD. 19.6.09. EXT. P2 : COPY OF BLOOD TEST REPORT ISSUED BY P.G. MEDICAL TRUST HOSPITAL, NILAMBUR, CONCERNING THE PETITIONER DTD.15.7.08. EXT. P3 : COPY OF REFERENCE CARD ISSUED BY MEDICAL COLLEGE HOSPITAL, KOZHIKODE TO PETITIONER. 2ND RESPONDENT'S EXHIBITS: EXT. R2(a) : COPY OF APPLICATION SUBMITTED BY PETITIONER BEFORE R2 DTD. 156.09. EXT. R2(b) : COPY OF UNDERTAKING GIVEN BY PETITIONER'S FATHER C.K. BASHEER IN FAVOUR OF R2. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.12876 OF 2011 --------------------------------------- Dated this the 23rd day of November, 2011. J U D G M E N T The main prayer in the writ petition is for a direction to the 2nd respondent to return the certificates like S.S.L.C Certificate, Transfer Certificate and the mark list of Plus 1 to the petitioner. 2. Heard the learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent. 3. It is a case where the petitioner, whose family members were converted from Christianity to Islam, joined the 2nd respondent's college due to the alleged compulsion of the college authorities that they will provide free education with hostel facilities upto Post Graduation. It is stated that the family of the petitioner is living in a very poor circumstances. It is also averred that the petitioner is diabetic from the age of 15 years and he is suffering from various other diseases. The petitioner wanted to discontinue his studies in the above college. He is said to be the only son of his parents. W.P.(C) No.12876/2011 2 4. Learned counsel appearing for the 2nd respondent submitted that the 2nd respondent Institution is one offering courses on various religious disciplines and the petitioner was also selected as per the practice of the Institution to provide free education to the needy including the persons coming from poor circumstances. It is stated in the counter affidavit filed by the 2nd respondent that on 15.06.2009, the petitioner and his father namely, one Sri.C.K.Basheer came to the Institution and approached the management requesting that they are very poor and they will not having sufficient money to educate the petitioner. The background of the family of the petitioner was verified and understood that they are very poor and the committee has decided to give him free education including accommodation, food, study materials etc. It is stated that along with education, the institution is also used to give education in Islam, culture etc. 5. What is pointed out in the counter affidavit and argued by the learned counsel for the petitioner is that if the petitioner stops the course in the midway, that will pave the way of losing W.P.(C) No.12876/2011 3 an opportunity of a needy student who was entitled for admission. Therefore, if the petitioner is prepared to pay back the value of the services rendered by the institution, the documents can be given back. 6. It appears from the pleadings of the parties that the petitioner stopped the education just before the Plus One final year examination. Therefore, it is true that the petitioner had spent some months in the Institution. The institution had offered free education, food and accommodation etc. Naturally, the allegations raised by the petitioner in the writ petition has resulted in the 2nd respondent hardening the stand in the matter. 7. Learned counsel appearing for the 2nd respondent submitted that unfounded allegations have been raised in the writ petition which have no foundation at all. Learned counsel for the petitioner fairly submitted that his client is not interested in pursuing the allegations and he is only interested in getting the documents back. 8. In that view of the matter, the allegations raised by the petitioner in the writ petition are expunged. As far as the W.P.(C) No.12876/2011 4 retention of the documents are concerned, it can be seen that the petitioner was offered free accommodation, food, study materials etc. as the family is so poor. Therefore, by no stretch of imagination, the family will be able to pay back the amounts demanded by the Institution for value of the services. Apart from that, as free education, food and accommodation and study materials were offered by the college, it may not be proper for them to insist for payment of value of services as a condition for returning the documents. In that view of the matter, the documents like SSLC certificate, Transfer Certificate, mark list of Plus One and any other documents submitted at the time of joining will be returned within a period of one week from the date of production of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp