M.E.S. Dental College v. Admission and Fee Regulatory Committee for Professional Colleges and Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MRS. JUSTICE SHIRCY V. FRIDAY, THE 18TH DAY OF AUGUST 2017/27TH SRAVANA, 1939 WP(C).No. 27344 of 2017 (P) ---------------------------- PETITIONER: ------------M.E.S. DENTAL COLLEGE, PERINTHALMANNA,PALACHUVADU.P.O,MALAPPURAM DISTRICT, REP.BY ITS DIRECTOR,DR.P.A.FAZAL GAFOOR. ## BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.M.FAISAL (KALAMASSERY) SRI.P.U.VINOD KUMAR SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR SMT.AMRIN FATHIMA RESPONDENTS: - -------------- 1. THE ADMISSION AND FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES, REP.BY ITS MEMBER SECRETARY,TC 15/1553-4,PRASANTHI BUILDING, M.P.APPAN ROAD,VAZHUTHAKAD, THIRUVANANTHAPURAM-695014. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS,SANTHI NAGAR, THIRUVANANTHAPURAM-695001. 3. BILAL AMEER, KALLUVETTAMKUZHI PUTHANVEEDU,POOLODE,MATHIRA.P.O, KADAKKAL,KOLLAM-691536. 4. ANUSREE G.NAMBIAR, D/O.GIREESAN.C.V,SATHYA-KAMALA,NEAR KAMBALA SIVA TEMPLE, KUTTIPURAM.P.O,MALAPPURAM-679571. - R3 BY GOVERNMENT PLEADER R1 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27344 of 2017 (P) ---------------------------- ## APPENDIX PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 A TRUE COPY OF THE RELEVANT PORTIONS OF PROSPECTUS FOR KERALA ENGINEERING,AGRICULTURE AND MEDICAL ENTRANCE EXAMINATIONS,2016 EXHIBIT P2 A TRUE COPY OF THE AGREEMENT/UNDERTAKING DATED 14/10/2014 EXECUTED BY THE 3RD RESPONDENT AND HIS PARENT IN FAVOUR OF THE PETITIONER INSTITUTION EXHIBIT P3 A TRUE COPY OF THE AGREEMENT/UNDERTAKING EXECUTED BY THE 4TH RESPONDENT AND HER PARENT IN FAVOUR OF THE PETITIONER ISNTITUTION EXHIBIT P4 A TRUE COPY OF THE COMPLAINT FILED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT EXHIBIT P4(A) A TRUE COPY OF THE COMPLAINT FILED BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT IS PRODUCED EXHIBIT P-5 A TRUE COPY OF THE EXPLANATION/OBJECTION DATED 19/07/2017 BY THE PETITIONER REGARDING THE COMPLAINT OF THE 3RD RESPONDENT EXHIBIT P-5(A) A TRUE COPY OF THE EXPLANATION/OBJECTION DATED 19/07/2017 BY THE PETITIONER REGARDING THE COMPLAINT OF THE 4TH RESPONDENT EXHIBIT P-6 A TRUE COPY OF THE ORDER DATED 26/07/2017 ISSUED BY THE 1ST RESPONDENT COMMITTEE EXHIBIT P-7 A TRUE COPY OF THE SUMMONS DATED 04/08/2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P-8 A TRUE COPY OF THE REVIEW PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS ----------------------NIL True copy P.S. TO JUDGE ks. ## **P. R. RAMACHANDRA MENON** ## **&** ## **SHIRCY V.,JJ.** ## **==============================** ## **W.P.(C) No. 27344 of 2017** ## **==============================** ## **Dated this the 18[th] day of August, 2017 JUDGMENT** ## **P.R. Ramachandra Menon, J.** The petitioner Institution is before this Court challenging the correctness and sustainability of the proceedings pursued by the 1[st] respondent Committee leading to Ext.P6 order dated 26.07.2017, whereby the right to realize the liquidated damages by the petitioner Institution based on the relevant terms of the prospectus and also the agreement executed between the petitioner and the Government in this regard came to be watered down unilaterally, which actually does not come within the power of the Committee, as put forth by the learned counsel. It is also pointed out that, on serving a notice, vide Ext.P7, in terms of Section 5(3)(a) of Act XIX of 2006 WPC 27344/2017 2 for enquiry under Sub-section (7) & (8) of Section 4, the petitioner has moved the 1[st] respondent by filing Ext.P8 Review Petition and the same is pending. 2. When the matter is taken up for consideration, the learned counsel for the petitioner submits that, by virtue of the law declared by a Single Bench of this Court reported in **Shireen v. State of Kerala [2017(2)KLT 691]** ; the petitioner is ready to return the Certificates to respondents 3 and 4/students on execution of a 'Bond' by them [without realizing the liquidated damages for the time being] however, without prejudice to the rights of the petitioner to move the Civil Court for realization of the amount actually due to the petitioner. 3. The learned Standing Counsel appearing for the 1[st] respondent submits that, despite passing of Ext.P6 order more than one month ago, no steps were pursued by the petitioner for compliance and it was only on issuance of Ext.P7 summons/notice, that the petitioner has turned up by WPC 27344/2017 3 filing Ext.P8 Review Petition on 09.08.2017, followed by the present petition. The learned Standing Counsel also points out that, the last date for submitting option for securing admission for the first year MBBS Course is 'today' and as such, the attempt of the petitioner to protract things will be detrimental to the rights and interest of the eligible students. That apart, Ext.P8 Review Petition is posted for consideration on 26.09.2017 and that the said matter will be finalized by the Committee in accordance with law based on the merits involved, submits the leaned Standing Counsel. 4. It is pointed out that an order was passed by the Committee on 16.8.2017 directing the students/parents to execute Bonds in favour of the petitioner, to have the Certificates released by the petitioner on the strength of such Bonds. The learned counsel for the petitioner submit that the Certificates will be released to the students today itself and that the prayer is only to enable the petitioner to pursue the matter by approaching the Civil Court as ordered WPC 27344/2017 4 by the Single Bench in **2017(2)KLT 691** ( _supra_ ). 5. In the above circumstances, we do not find it necessary to issue notice to respondents 3 and 4 in this Writ Petition, in view of the limited extent of relief sought for and proposed to be given. The petitioner's undertaking to release the Certificates based on the Bonds to be executed by the Respondents/Students and their parents as ordered by the 1[st] respondent Committee on 16.8.2017 forthwith, is recorded. It will be open for them to press for appropriate relief while hearing Ext.P8 Review Petition, on the date on which it is listed for consideration, with reference to **2017 (2)KLT 691** ( _supra)._ Writ Petition is disposed of accordingly. ## **Sd/-** ## **P. R. RAMACHANDRA MENON JUDGE** ## **Sd/-** **ks** **SHIRCY V. JUDGE** WPC 27344/2017 5 ## **ks.** ........ ..... WPC 27344/2017 6