Global Institute of Architecture v. State of Kerala and Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH THURSDAY, THE 19TH DAY OF JANUARY 2017/29TH POUSHA, 1938 WP(C).No. 40155 of 2016 (T) ---------------------------- PETITIONER: ------------- GLOBAL INSTITUTE OF ARCHITECTURE PERADIKUNNU, NAGARIPPURAM P.O. PATHIRIPALA, PALAKKAD DISTRICT, 678 642 REP. BY ITS PRINCIPAL AR.(PROF.) ABHIMOD K. S/O M.P.KESAVANKUTTY, AGED 42 YEARS BY ADVS.SRI.R.RAMADAS SRI.T.SIVADASAN RESPONDENTS: -------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001 2. THE COMMISSIONER OF ENTRANCE EXAMINATIONS THIRUVANANTHAPURAM, PIN – 695 001 3. THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA, T.C.15/1553 PRASANTHI BUILDINGS, M.B.APPAN ROAD VAZHUTHACAUD, THIRUVANANTHAPURAM, REP. BY THE MANAGER W.P.(c)No.40155/2016 2 4. RANJITH ROY, ARCHITECT, “MADHAVAM', M.R.G.GARDENS, KUTTANELLOOR, THRISSUR, PIN 680 014 R4 BY ADV. SRI.SANTHOSH P.PODUVAL R4 BY ADV. SMT.R.RAJITHA R4 BY ADV. SMT.VINAYA V.NAIR BY GOVERNMENT PLEADER SRI.A.J.VARGHESE BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## APPENDIX ## PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE G.O.(MS)NO.378/2015/H. EDUCATION DATED 3.7.2015 ISSUED BY THE FIRST RESPONDENT GOVERNMENT OF KERALA EXT.P2 TRUE COPY OF THE CONSENSUAL AGREEMENT DATED 17.6.2015 EXECUTED BY ACMA WITH THE FIRST RESPONDENT EXT.P3 TRUE COPY OF THE ORDER DATED 9.11.2016 PASSED BY THE 3RD RESPONDENT EXT.P4 TRUE COPY OF THE E-MAIL DATED 1.8.2015 AT 9.43 P.M. TO THE ADMINISTRATION MANAGER OF THE PETITIONERINSTITUTE SENT BY THE 4TH RESPONDENT. /TRUE COPY/ PS TO JUDGE ## **C.T.RAVIKUMAR & K.P.JYOTHINDRANATH, JJ.** - - - - - - - - - - - - - - - - - - - - - ## **W.P.(C)No.40155 OF 2016** - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19[th] day of January, 2017 ## **JUDGMENT** ## Jyothindranath, J. The point raised in this writ petition is whether the first year fees remitted by the student in a self financing professional institution can be refunded when the candidate discontinues the course. Krishna Ranjith joined for the course of B.Arch in Global Institute of Architecture in the year 2015. She decided to discontinue the course. It appears that she approached the College principal and requested for return of certificates as well as the refund of tuition fees. As she has not received the same from the college authorities, she made a complaint before the Admission Supervisory Committee for professional colleges in Kerala by an email message dated 31.7.2015 3.44 p.m. Thereafter on 1.8.2015 she addressed to the global institute of architecture by another email/request at 9.43 p.m. The institute thereafter addressed W.P.(C)No.40155/2016 2 the admission supervisory committee for its advice on the steps to be taken when she vacates the alloted seat. The Commission directed the GIA to return all the original certificates and the fees collected from her at the time of admission. Thereafter the GIA appeared before the Commission and highlighted the fact that as the above referred Krishna Ranjith left the institution, an advertisement was made in a paper spending an amount of Rs. 98,016/-. The advertisement was published in the Malayala Manorama. After considering the contentions of the institute, as per Ext.P3 order, the Commission directed the institute that as the application was processed, they are entitled to retain 10% of the total amount remitted by the student. The petitioner herein was directed to refund Rs.1,53,810/- within 30 days from the date of the order failing which the amount will carry an interest @ 6% from 30/7/2015. In the original petition, the said direction of the admission supervisory commission is under challenge. 2. Ext.P1 is a copy of the notification issued by the Government of Kerala, on the basis of the agreement executed in between Architecture College Management Association and W.P.(C)No.40155/2016 3 Government of Kerala. Paragraph 18 of the said notification states as follows :- “18. The Educational Agency can retain the Tuition fee remitted by the student, in the event a student admitted under the Management quota or Government quota, discontinues his/her studies for any reason at any time after the 15[th] day of August, 2015. In case, any student admitted to the College decides to cancel the admission for any reason whatsoever, the Educational Agency shall be entitled to collect the tuition fee of the entire course shall be subject to the scrutiny of the Fee Regulatory Committee and the decision of the Fee Regulatory Committee will be binding on the Association/Colleges. However, in the event of the seat so falling vacant being filled up by a new candidate, the tuition fee collected as per this clause shall be refunded. The Association/Colleges have no right to retain the documents of any student who discontinue the course W.P.(C)No.40155/2016 4 after 15.08.2015. The member colleges may take a bond from the student and one of his/her parents undertaking to obey the order that may be passed by the Admission Supervisory Committee/Fee Regulatory Committee, Court of law. All documents shall be released to the applicant student at the time of discontinuance with such undertaking. The candidates will not have to make any payment, as stated above, if such candidate is forced to leave the college on the grounds of ragging, or serious illness as certified by a medical board which prevents the student from continuing with his or her studies in the college. Liquidated damage must not be collected from the students who got admission in MBBS/BDS/Pharmacy/Sidha/Ayurveda/Homeo/Vetinery/ Unani/Fisheries/Agriculture/etc. Through KEAM. But fees remitted for the year need not be refunded. Students should produce documents in respect of admission to the said Medical Courses. The students joining W.P.(C)No.40155/2016 5 AFMC/NDA/Naval Academy/Defense Institutions, also will not have to make such payment but subject to the final outcome of the W.P.(C)No.645/2014 pending before the Hon'ble High Court of Kerala.” 3. Thus, it can be seen that an educational agency can retain the fee remitted by the student only if he discontinues /his or her studies after 15.8.2015. 4. In this case, it is clearly highlighted in the impugned order that by an email letter of complaint, the above said Krishna Ranjith approached the Commission. It can be further seen that an e-mail request is made to the institute on 1.8.2015 at 9.43 p.m. Surely according to the institute, the said email was received only on 3.8.2015. The institute made an advertisement on 02/08/2015 in Malayala Manorama daily inviting application for three vacant seats. 5. Thus, obviously referred advertisement was only issued on occurrence of a vacant seat on her leaving the Institution. That apart, evidently, there were other vacancies available in the institute. The institute got no case that the advertisement was in respect of one seat . 6 W.P.(C)No.40155/2016 Thus, as per the notification referred above, the institute is bound to refund the tuition fee remitted by the candidate as the request is made long before the closing of admission. That is the candidate left the institution before 15/08/2015. In a similar situation, this Court held in W.P.(C)No.8226/2016 (Namboothiri Trust v. The Government of Kerala and another), that the first year fee cannot be retained when the student leaves before the closure of admission. Paragraph 12 of the said decision reads thus : “12. To sum up, we hold that the dispute concerning the refund of fee or imposition of liquidated damages falls within the mischief of the dispute concerning the fee, capable of being resolved by the Committee; and the student's leaving the college before the admissions could close forestalls the Trust from retaining the first year fee.” Under such circumstances, there is no merit in the contention of the petitioner that Admission Supervisory Committee committed any W.P.(C)No.40155/2016 7 illegality or error in directing the GIA to refund an amount of Rs.1,53,810/-. Thus there is no merit in the writ petition. The petitioner is directed to pay Rs.1,53,810/- within fifteen days of receipt of the copy of the judgment, failure will revive Ext.P3 order of the Admission Supervisory for Professional Colleges in Kerala to pay the amount of 153,810/- with 6% interest p.a. from 30.7.2015. The writ petition is disposed of as above. ## **C.T.RAVIKUMAR, JUDGE** ## **K.P.JYOTHINDRANATH, JUDGE** sv. 19/01/2017