IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WP(C).No. 9444 of 2010(E) -------------------------------- PETITIONER(S): --------------- SHAFEENA, ARANGATH PARAMBIL HOUSE, KUMERALLUR POST,KANJIRAKODE (THOTTUPALAM) PIN-680590. BY ADV. MR.V.C.MADHAVANKUTTY RESPONDENT(S): ------------------- 1. M.E.S.COLLEGE,MARAMPALLY, ALUVA,ERNAKULAM DISTRICT, REPRESENTED BY ITS PRINCIPAL. 2. M.G.UNIVERSITY,KOTTAYAM, REPRESENTED BY ITS REGISTRAR. ADV. MR.BABU KARUKAPADATH FOR R1 MR.M.A.VAHEEDA BABU FOR R1 MR.JAGAN GEORGE FOR R1 MR.P.G.PRAMOD FOR R1 MR.KANDAMPULLY RAHUL FOR R1 MR.T.A.SHAJI - SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9444 of 2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF PROSPECTUS OF MBA COURSE IN 1ST RESPONDENT COLLEGE. EXT.P2; COPY OF THE RECEIPT FOR THE PAYMNET DTD 1.6.2009 FOR AN AMOUNT OF RS.45,000/-. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.9444 OF 2010 ------------------------------- Dated this the 1st day of July, 2010 JUDGMENT The petitioner joined for the MBA course conducted by the first respondent college, which is affiliated to the second respondent University. The petitioner paid tuition fee for the first Semester. Due to ill-health, the petitioner decided to discontinue the course. The petitioner requested the first respondent to return the mark list and other documents submitted to them at the time of admission. But they refused to return the same for the reason that the petitioner has to pay tuition fee for the entire Semesters. It is under the above circumstances, the petitioner has filed this writ petition seeking the following relief: “(i) issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to return the documents received by the 1st respondent from the petitioner at the time of admission to the M.B.A. Course affiliated to the 2nd respondent”. W.P.(c)No.9444/10 2 On 3/6/2010, I passed the following interim order: “ The petitioner seeks an interim direction to return the mark lists and other documents collected by the first respondent from the petitioner at the time of admission pending disposal of the writ petition. 2. This is stoutly opposed by the learned counsel for the first respondent. I am of opinion that the balance of convenience is in favour of the petitioner. The petitioner is in need of the mark lists for further studies. The certificates are retained by the 1st respondent allegedly because the petitioner has not paid the fees payable as per the conditions, for discontinuance of studies after the last date for admission. I am of opinion that in so far as the writ petition is pending, if the 1st respondent is legally entitled to collect the amount, it is not necessary to retain the marklists etc., since if ultimately this Court directs the petitioner to pay money, if any due to the first respondent, the petitioner is bound to pay the same and this court can enforce such payment. Therefore, I am inclined to pass an interim order in favour of the petitioner. Accordingly, there would be an interim order directing the first respondent to return the mark lists and other documents to the petitioner, which are retained by the first respondent within a period of two weeks from today, subject to further orders in this writ petition. The petitioner shall execute a simple bond without sureties undertaking to pay the money, if this Court ultimately directs payment of the same, without raising any dispute whatsoever” On 23/6/2010, the learned counsel for the respondents submitted that all the certificates of the petitioner have been returned without insisting on payment of any further amount and the writ petition can be closed recording the same. On that day, the learned counsel for the petitioner sought time to verify the same. Today, the learned counsel for the petitioner submits that all certificates have been returned to the W.P.(c)No.9444/10 3 petitioner. In view of the above circumstances, this writ petition is disposed of in terms of the interim orders and the submissions made by counsel. S. SIRI JAGAN, JUDGE acd W.P.(c)No.9444/10 4 S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.9444 OF 2010 ------------------------------- Dated this the 3rd day of JUNE, 2010 ORDER The petitioner seeks an interim direction to return the mark lists and other documents collected by the first respondent from the petitioner at the time of admission pending disposal of the writ petition. 2. This is stoutly opposed by the learned counsel for the first respondent. I am of opinion that the balance of convenience is in favour of the petitioner. The petitioner is in need of the mark lists for further studies. The certificates are retained by the 1st respondent allegedly because the petitioner has not paid the fees payable as per the conditions for discontinuance of studies after the last date for admission. I am of opinion that in so far as the writ petition is pending, if the 1st respondent is legally entitled to collect the amount, it is not necessary to retain the marklists etc., since if ultimately this Court directs the petitioner to pay money, if any due to W.P.(c)No.9444/10 5 the first respondent, the petitioner is bound to pay the same and this court can enforce such payment. Therefore, I am inclined to pass an interim order in favour of the petitioner. Accordingly, there would be an interim order directing the first respondent to return the mark lists and other documents to the petitioner, which are retained by the first respondent within a period of two weeks from today, subject to further orders in this writ petition. The petitioner shall execute a simple bond without sureties undertaking to pay the money, if this Court ultimately directs payment of the same, without raising any dispute whatsoever. S. SIRI JAGAN, JUDGE acd W.P.(c)No.9444/10 6 W.P.(c)No.9444/10 7