IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 482 of 2008(G) ------------------------------------ PETITIONER: ------------------- K.M.C.SCHOOL OF NURSING, KARETTE, VAMANAPURAM P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER MOHAMMED BASHA. BY ADV. SRI.K.V.GOPINATHAN NAIR. RESPONDENTS: ----------------------- 1. THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES, RAM MOHAN PALACE, (OLD HIGH COURT BUILDING) ERNAKULAM. 2. MISS ANUJA JOY, D/O.JOY.K., JOY SADANAM, KULAKADA EAST P.O., KOTTARAKKARA, KOLLAM. BY ADV. SRI.ALIAS M.CHERIAN - R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.482/2008-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ADMISSION BROCHURE DTD. NIL. EXT.P.2: COPY OF THE LETTER SEND BY THE R.2. TO THE PRINCIPAL DTD. 21/05/2007. EXT.P.3: COPY OF THE COMPLAINT FILED BY THE R.2. BEFORE THE R.1. DTD. 11/06/2007. EXT.P.4: COPY OF THE APPROVAL ISSUED BY THE INDIAN NURSING COUNCIL DTD. 04/07/2007. EXT.P.5: COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER BEFORE THE R.1. DTD. 27/07/2007. EXT.P.6: COPY OF THE LETTER ISSUED BY THE KERALA NURSES AND MIDWIVES COUNCIL DTD. 17/09/2007. EXT.P.7: COPY OF THE ORDER PASSED BY THE R.1. DTD. 10/12/2007. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE ADMISSION BROCHURE. EXT.R2.B: COPY OF THE RECEIPT NO. 856 DTD. 18/08/2006. EXT.R2.C: COPY OF THE REQUEST DTD. 21/05/2007. EXT.R2.D: COPY OF THE LAWYER'S NOTICE DTD. 30/05/2007. EXT.R2.E: COPY OF THE LETTER. EXT.R2.F: COPY OF THE COMPLAINT DTD. 11/06/2007. EXT.R2.G: COPY OF THE LETTER DTD. 18/12/2007. EXT.R2.H: COPY OF THE PETITION DTD. 19/12/2007. //TRUE COPY// prv. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.482 OF 2008 ---------------------------------------- Dated this the 18th day of June, 2008 JUDGMENT The petitioner is a Nursing School. They are challenging Ext.P7 order of the Admission Supervisory Committee for Professional Colleges, the 1st respondent herein, by which the petitioner was directed to return the original certificates received at the time of admission from the 2nd respondent who was a former student of the School who discontinued her studies, within a period of ten days on production of that order. The dispute arose in the following factual scenario. 2. The 2nd respondent applied to the petitioner for admission to the petitioner School of Nursing. She was admitted on 18.8.2006. At the time of admission, the 2nd respondent paid Rs.42,900/- as the course fees and other fees and expenses. She also entrusted the original of her SSLC Book, mark list, transfer certificate and conduct certificate etc., with the College. On 21.5.07, the 2nd respondent submitted Ext.P2 petition before the Principal of the petitioner School, seeking return of the original W.P.(c)No.482/08 2 certificates on the ground that she does not wish to continue the studies. However, the petitioner insisted upon paying the entire course fees for all the three years for returning the original certificates. The 2nd respondent approached the 1st respondent for appropriate reliefs. Originally, the 2nd respondent sought a direction to the petitioner for return of the fees paid as well. At the time of hearing, the 2nd respondent's counsel submitted that the 2nd respondent is not pressing the prayer for refund of the fees collected at the time of admission and is confining her prayer for a direction to return the certificates retained by the petitioner School. The 1st respondent by Ext.P7 order, directed the petitioner to return the original certificates. The same is under challenge in this writ petition. 3. The first contention of the petitioner is that the 2nd respondent left the institution after about 9 months by which time, the time for admission of a new student had already expired and as per the norms of the Nursing Council, the petitioner cannot admit a new student. As a result, the petitioner lost the course fees payable by one student. There W.P.(c)No.482/08 3 are only twenty students in the batch and if one student drops out without paying the course fees, it would materially affect the finance of the petitioner School, who has to pay salary to the teaching and non-teaching staff. He would submit that as per Ext.P1 prospectus, all the candidates were required to pay the fees in advance. The 2nd respondent had paid only fees for the first year and therefore the 2nd respondent has to pay the balance fees for the second and third years also. Since the 2nd respondent has not paid the fees for the second and third years, the petitioner is not bound to return the certificates unless and until the entire course fees are paid. 4. On the other hand, the contention of the 2nd respondent is that the petitioner had misled the 2nd respondent in so far as the petitioner did not have recognition from the Indian Nursing Council, as a result of which even if she completes the course, the 2nd respondent would not be able to seek employment outside the State since the petitioner had recognition only from the Kerala Nurses and Midwives Council. She would also submit that there is no rule or regulation which enables the petitioner to require payment of entire fees for W.P.(c)No.482/08 4 the three years as a condition for return of the original certificates of a student, who drops out in the middle of the course. 5. I have considered the rival contentions in detail. I am of opinion that the petitioner can require a student to pay the entire course fees as a condition for return of the original certificates in case of drop out only if there is a specific provision enabling the petitioner to do so. Ext.P1 is the prospectus issued by the petitioner School. They are bound by the same. The only provision in Ext.P1 on the subject of fees is Clauses 16 and 17 thereof, which read thus: “16. Fees and other expenses for the first year as follows. 17. Fees and other expenses for the 2 nd, 3 rd years and Last Semester will be notified at the end of School terms. Admission Fee - 1500/- Tuition Fee - 8000/- Library Fee - 500/- Recreation - 500/- Affiliation Fee - 500/- SNA Subscription - 100/- Registration Fee - 800/- KNC & INC Conveyance charge - 3000/- W.P.(c)No.482/08 5 Lodging - 4000/- Special Fees - 3000/- Establishment charge - 5000/- Community Posting Fee - 1000/- Total - 27900/- Examination fees as per government rate. All the above should be paid in advance at the time of admission. Tuition fees and other dues paid by the students shall not be refundable if they discontinue the course, under any circumstances. Mess deposit, cost of purchase of books, uniform and miscellaneous payments if any be paid on October 1 st. Mess money should be paid before 10 th of every month”. These claims only provide that the tuition fees and other dues paid by the 2nd respondent shall not be refundable, if she discontinues the course under any circumstances. They do not enable the petitioner to require a student dropping out in the middle of the course to pay the entire course fees for the remaining period of study as well. Without an enabling provision either in the prospectus or in the Rules or Regulations applicable, the petitioner cannot demand the 2nd respondent to pay the balance course fees as a condition for return of the original certificates deposited by the 2nd respondent with the petitioner at the time of admission. No W.P.(c)No.482/08 6 other grounds are urged before me. In the above circumstances, although on a different ground, I am not inclined to interfere with Ext.P7 order. Accordingly, the petitioner shall return the original certificates to the 2nd respondent within a period of ten days from today. The writ petition is disposed of accordingly. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.482/08 7