High Court of KeralaDivision BenchDisposed of; certificates to be handed over; li...

WP(C).Nos. 23433 of 2015 and 28725 of 2015, Common Judgment in the High Court of Kerala at Ernakulam: Principal, K.V.M. College of Engineering and Information Technology, Cherthala v. Admission Supervisory Committee and Fee Regulatory Committee for Professional Colleges of Kerala; and Binoj Babu and Usha Babu v. State of Kerala and Others

Case / Petition Number:WP(C).No. 23433 of 2015; WP(C).No. 28725 of 2015

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
  • V. G. Arun
Judgment Date
2019-08-02
Court Decision / Holding
W.P.(C) Nos. 23433/2015 and 28725/2015 disposed of. The Court held that the student’s liability could not be sustained due to the SC exemption under the KEAM prospectus, and noted that recovery actions should have been pursued within three years; considering the elapsed period, there is no scope for recovery from the student or the Government. The Court directed the college to hand over the transfer certificates and certificates in question, vacating the impugned order’s reasoning on limitation, and reserved the question of liability for future appropriate cases.
Final Disposition
Disposed of; certificates to be handed over; limitation bars recovery against the student or Government; liability left open for future cases.

Parties to the Case

Appellants / Petitioners

  • THE PRINCIPAL, K.V.M. COLLEGE OF ENGINEERING AND INFORMATION TECHNOLOGY, CHERTHALA
  • BINOJ BABU
  • USHA BABU

Respondents

  • ADMISSION SUPERVISORY COMMITTEE AND FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES OF KERALA
  • THE STATE OF KERALA
  • THE CONTROLLER OF ENTRANCE EXAMINATIONS
  • THE KVM COLLEGE OF ENGINEERING AND INFORMATION TECHNOLOGY

Legal Representation & Advocates

Counsels for Petitioners

  • • SRI.GEORGE POONTHOTTAM (SR.)
  • • SRI.A.JAYASANKAR
  • • SRI.C.V.MANUVILSAN
  • • SRI.MANU GOVIND
  • • SRI.S.SABARINADH

Counsels for Respondents

  • • GOVERNMENT PLEADER SMT. RAJI T. BHASKAR
  • • SRI.GEORGE POONTHOTTAM

Case Synopsis & Summary

The judgment deals with challenges to the Order of the Admission Supervisory Committee and Fee Regulatory Committee (the Committee) concerning tuition fees and liquidated damages for a student who discontinued a B.Tech course after the first year, while the student belonged to a Scheduled Caste (SC) eligible for fee exemption under the KEAM prospectus. The College (petitioner in WP(C) No. 23433) argued for recovery or damages, and the student/petitioners in WP(C) No. 28725 contended that SC status exempts him from fees and that non-return of certificates by the College arose from disputes over refunds. The Committee concluded that SC students are exempt from fees, and considered liquidated damages for non-continuation when applicable. The Court noted that the student had attended up to 10 January 2015 (read as 10 January 2014) and, due to SC status and KEAM provisions, was not liable for such payments. It also considered that recovery actions, if any, should have been pursued within three years, and that on account of the elapsed period, no recovery against the student or Government could be sustained. The Court directed the College to hand over the certificates and disposed of the petitions, leaving the broader question of liability open for future cases.

Provisions of Law Cited

KEAM Prospectus Clause 12.2.4(b)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that the Scheduled Caste student is exempt from fees under the KEAM prospectus and is not liable to pay tuition fees or liquidated damages for discontinuing the course. They contended that even if the Committee’s order was to be set aside, there is no viable route for recovery from the student or the Government, and that the College should not be allowed to coerce recovery or retain the student’s certificates. They urged for exoneration from liability and for the timely return of original certificates, noting that the student had sought admission elsewhere and that the college’s and Government’s remedies were constrained by limitation.

Contentions of Respondents

The respondents contended that the College, as a self-financing institution, is prejudiced by a student’s discontinuation and is entitled to liquidated damages under the KEAM prospectus after the first academic year. They argued that the Government must ultimately bear the cost of any such liability, and relied on a Division Bench decision in Principal, Sree Narayana Mangalam Institute of Management and Technology, Maliankara v. Fee Regulatory Committee and Ors. (2016) to illustrate similar circumstances where liquidated damages were applicable. They asserted the need to protect the college’s finances and legal rights to recover funds; and they emphasized that even if the petitioners were exempt, the proper channels for recovery should be pursued, and that limitation could bar such recovery.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Principal, Sree Narayana Mangalam Institute of Management and Technology, Maliankara v. Fee Regulatory Committee and Ors.2016 (5) KHC 462Mentioned OnlyCited by counsel as a precedent in similar circumstances; the common judgment does not apply the ruling to mandate liability, instead it determines limitation and certificate handover, leaving liability open for future cases.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** **THE HONOURABLE MR. JUSTICE V.G.ARUN** **FRIDAY, THE 02ND DAY OF AUGUST 2019 / 11TH SRAVANA, 1941** **WP(C).No. 23433 of 2015** ## **PETITIONER/S:** **THE PRINCIPAL, K.V.M. COLLEGE OF ENGINEERING AND INFORMATION TECHNOLOGY, CHERTHALA.** **BY ADV. SRI.GEORGE POONTHOTTAM (SR.)** ## **RESPONDENT/S:** |**1**|**THE ADMISSION SUPERVISORY COMMITTEE AND FEE**| |---|---| ||**REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES OF**| ||**KERALA, HEAD OFFICE T.C.15/1553-4, PRASANTHI**| ||**BUILDING, M.P.APPAN ROAD, VAZHUTHACAUD,**| ||**THIRUVANANTHAPURAM - 14.**| |**2**|**BINOJ BABU, AKKAROTTU VELIYIL NORTH ARYAD P.O.**| ||**ALAPPUZHA DISTRICT.**| |**3**|**MRS.USHA BABU AKKAROTTU VELIYIL, NORTH ARYAD P.O.**| ||**ALAPPUZHA DISTRICT.**| ||**BY ADVS.**| ||**SRI.ASHWIN SETHUMADHAVAN**| ||**SRI.A.JAYASANKAR**| ||**SRI.C.V.MANUVILSAN**| ||**SRI.MANU GOVIND**| ## **OTHER PRESENT:** **SR.GP. SRI. A.J.VARGHESE,SMT. MARY BENJAMIN, SC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.08.2019, ALONG WITH WP(C).28725/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 23433 & 28725 of 2015** **2** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **FRIDAY, THE 02ND DAY OF AUGUST 2019 / 11TH SRAVANA, 1941** ## **WP(C).No. 28725 of 2015** ## **PETITIONER/S:** |**1**|**BINOJ BABU**| |---|---| ||**AGED 19 YEARS**| ||**S/O.LATE K.BABU, RESIDING AT AKKAROTTUVELIYIL,**| ||**NORTH ARYAD P.O., ALAPPUZHA-688 538.**| |**2**|**USHA BABU, AGED 45 YEARS,**| ||**W/O.LATE K.BABU, RESIDING AT AKKAROTTUVELIYIL,**| ||**NORTH ARYAD P.O., ALAPPUZHA-688 538.**| ||**BY ADVS.**| ||**SRI.A.JAYASANKAR**| ||**SRI.C.V.MANUVILSAN**| ||**SRI.MANU GOVIND**| ||**SRI.S.SABARINADH**| ## **RESPONDENT/S:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION**| ||**DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.**| |**2**|**THE CONTROLLER OF ENTRANCE EXAMINATIONS**| ||**OFFICE OF THE COMMISSIONER FOR ENTRANCE**| ||**EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDINGS,**| ||**SANTHI NAGAR, THIRUVANANTHAPURAM-695001.**| |**3**|**THE KVM COLLEGE OF ENGINEERING AND INFORMATION**| ||**TECHNOLOGY**| ||**CHERTHALA, ALAPPUZHA,**| ||**REPRESENTED BY ITS PRINCIPAL, PIN 688 524,**| ||**BY ADVS.**| ||**GOVERNMENT PLEADER SMT. RAJI T. BHASKAR**| ||**SRI.GEORGE POONTHOTTAM**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.08.2019, ALONG WITH WP(C).23433/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 23433 & 28725 of 2015** **3** ## **COMMON JUDGMENT** **[ WP(C) 23433/2015 ,WP(C).28725/2015 ]** ## **K. Vinod Chandran, J.** The petitioners in W.P.(C)No.28725/2015, a student and his mother, seek interference to the order of the Admission Supervisory Committee and Fee Regulatory Committee for Professional Colleges of Kerala (hereinafter referred to as the 'Committee') to the extend the Committee did not speak about the liability of student to pay the tuition fees. They assert that there is no liability at all on the student; he being exempted from payment of fees by virtue of his caste status. The petitioner - the Principal of the College, in W.P. (C)No.23433/2015 also impugn the order of the Committee and the contention taken up is that they do not claim liquidated damages but however the entire tuition fees has to be paid by the student, who discontinued the studies in the second year of study. There is also a contention taken up by the student that he discontinued the studies due to the accidental death of his father, the exact date of which is not evident from the records. 2. Admittedly, the student belongs to a Scheduled Caste community who is totally exempted from the fees payable. The **WP(C).No. 23433 & 28725 of 2015** **4** student got admission to the B.Tech course in the academic year 2014 – 15. The student is said to have filed Ext.P2 request dated 11.6.2015 produced along with W.P.(C)No. 23433/2015 for transfer certificate and also the certificates deposited with the College at the time of admission. The College refused to give the certificates and insisted on payment of the tuition fees for the entire four years of the course to enable them to return the documents and issue a transfer certificate. The student approached the Committee. The Committee passed the impugned order which is challenged by both the student as also the College. 3. The Committee considered the argument of the representative appearing for the College that irrespective of the reservation status as per 12.2.4(b) liquidated damages is payable by any student who discontinues the course after the first academic year. The Committee found that the student had attended courses only upto 10.01.2014, (sic)-(obviously a mistake and it has to be read as 10.01.2015 ), on which date allegedly the petitioner's father died. The Committee also found that the student having scheduled caste status he is not bound to pay any liquidated damages as he is exempted from the **WP(C).No. 23433 & 28725 of 2015** **5** above provisions as per the KEAM prospectus. 4. The learned counsel for the petitioners submits that, till now, the certificates have not been returned. Fortunately, the student has sought and obtained admission for another course even without production of the original certificates by virtue of an order in W.P.(C) No.22061/2016. Subsequently, the writ petition has been closed leaving the student's remedies to be agitated in this writ petition pending before the Division Bench. The learned counsel would plead that the student be exonerated from any liability to fees, either as liquidated damages or as tuition fees for the balance years of the course and that there may be a positive direction to the College to return the documents forthwith. 5. The learned counsel for the College would however contend that for arguments sake, even if the petitioner is not liable to pay the fees; the Government who has the responsibility to satisfy the same will have to pay up the amounts to the College. The discontinuance being after one year, the College is entitled to liquidated damages and it should be paid either by the student or by the Government, is the contention raised. The learned counsel would also rely on a **WP(C).No. 23433 & 28725 of 2015** **6** Division Bench decision of this Court in **Principal, Sree Narayana Mangalam Institute of Management and Technology, Maliankara v. Fee Regulatory Committee and Ors. [2016 (5) KHC 462]** . It is argued that in a similar circumstance, a student who asserted financial stringency to discontinue the course in the second year was held liable to pay the liquidated damages, as provided in the prospectus. 6. It is pointed out that the College being a self financing institution has to work on self generated funds and if a student discontinues the course midway the College would be prejudiced insofar as not receiving the fees for the said student. Equity demands that the College be compensated for the discontinuance without any reasonable cause. 7. We were of the opinion that the issue need not be considered since even if the Committees order is set aside there is no scope for recovery from the student or the Government. The student is said to have filed a request for discontinuance and issuance of transfer certificate on 11.06. 2015. For recovery of money the college should have approached the competent forum within a period of three years after which limitation would set in. The student on the basis of an order in another **WP(C).No. 23433 & 28725 of 2015** **7** writ petition was admitted in another course in another college even without the transfer and conduct certificates. The order of the Committee had been stayed by this Court in W.P.(C) No. 23433 of 2015 on 04.08.2015 and the College could have filed a suit for recovery either against the student or the Government; which obviously was not done. Limitation sets in atleast on expiry of three years from 04.08.2015. We hence directed the College to handover the certificates to the student, which has been done. Both W.P.(C) No. 23433 of 2015 and W.P.(C) No. 28725 of 2015 hence stands disposed of vacating the reasoning in the impugned order but restraining recovery for reason of limitation having set in. The student stands absolved of the liability for reason of limitation for recovery having expired but the question of liability is left at large to be decided in an appropriate case. ## **Sd/-** ## **K.VINOD CHANDRAN,JUDGE** **Sd/-** SHG ## **V.G.ARUN,JUDGE** **WP(C).No. 23433 & 28725 of 2015** **8** ## **APPENDIX OF WP(C) 23433/2015** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **P1 : COPY OF GO(MS)NO.258/2014/H.EDN. DTD.10.6.2014.** **EXHIBIT P2** **P2 : COPY OF THE REQUEST GIVEN BY THE 3RD RESPONDENT TO THE PETITIONER ON 11.6.2015.** **EXHIBIT P3 P3 : COPY OF THE COMMUNICATION GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT.** **EXHIBIT P4** **P4 : COPY OF THE COMPLAINT GIVEN TO THE 1ST RESPONDENT BY RESPONDENTS 2 AND 3 THROUGH E-MAIL.** **EXHIBIT P5 P5 : COPY OF THE COMMUNICATION GIVEN ON BEHALF OF THE FIRST RESPONDENT TO THE PETITIONER.** **EXHIBIT P6 P6 : COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE FIRST RESPONDENT. EXHIBIT P7 P7 : COPY OF THE ORDER NO.ASC(P) 154/15/HO/TVPM/ENGG/KVMCEIT DTD.27.7.2015 ISSUED BY THE FIRST RESPONDENT.** **WP(C).No. 23433 & 28725 of 2015** **9** ## **APPENDIX OF WP(C) 28725/2015** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 P1 : TRUE COPY OF THE RELEVANT PORTION OF THE KEAM PROSPECTUS 2014 ISSUED BY R2 WITH CLAUSE 12.** **EXHIBIT P2 P2 : TRUE COPY OF THE GO(MS) NO.258/2014/H.EDN ISSUED BY R1 DT.10-6-2014.** **EXHIBIT P3 P3 : TRUE COPY OF THE ALLOTMENT MEMO ISSUED BY THE UNIVERSITY OF KERALA TO 1ST PETITIONER.** **EXHIBIT P4 P4 : TRUE COPY OF THE ORDER PASSED BY THE ADMISSION SUPERVISORY COMMITTEE DT.27-7-15.**