Kerala High Court
The Principal vs Aparna.M.S. D/O. Shiny on 3 August, 2016
Author: K.T.Sankaran
Bench: Mohan M.Shantanagoudar, K.T.Sankaran
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HON'BLE THE ACTING CHIEF JUSTICE MR. MOHAN M.SHANTANAGOUDAR
&
THE HONOURABLE MR.JUSTICE K.T.SANKARAN
THURSDAY, THE 1ST DAY OF SEPTEMBER 2016/10TH BHADRA, 19385790
WA.No. 1701 of 2016
AGAINST THE JUDGMENT IN WP(C) NO.17436/2016 OF THE HIGH COURT OF
KERALA DATED 03-08-2016.
APPELLANTS/RESPONDENTS 3 & 6:
1. THE PRINCIPAL
RAJADHANI INSTITUTE OF ENGINEERING AND TECHNOLOGY,
RAJADHANI HILLS, NEDUMPARAMBU P.O.,
THIRUVANANTHAPURAM - 695 102.
2. SATHIKUMAR, PRINCIPAL,
RAJADHANI INSTITUTE OF ENGINEERING AND TECHNOLOGY,
RAJADHANI HILLS, NEDUMPARAMBU P.O.,
THIRUVANANTHAPURAM - 695 102.
BY ADVS.DR.K.P.SATHEESAN (SR.)
SRI.P.MOHANDAS (ERNAKULAM)
SRI.S.VIBHEESHANAN
SRI.K.SUDHINKUMAR
SRI.ELIAS KURIAN
SMT.SHYNI GEORGE
RESPONDENTS/PETITIONER & RESPONDENTS 1, 2, 4 & 5:
1. APARNA.M.S. D/O. SHINY,
2ND SEMESTER COMUTER SCIENCE AND
ELECTRONIC ENGINEERING,
RAJADHANI INSTITUTE OF ENGINEERING AND TECHNOLOGY,
NEDUMPARAMBU, THIRUVANANTHAPURAM,
RESIDING ATAKKARAVILA VEEDU,
THOPPILPALAM, THITTAYILMUKKU, KIZHUVALAM,
ATTINGAL, CHERYANKEEZHU TALUK,
THIRUVANANTHAPURAM DISTRICT - 695 101.
2. A.P.JABDUL KALAM TECHNOLOGY UNIVERSITY
REPRESENTED BY ITS VICE CHANCELLOR,
C.E.T CAMPUS, THIRUVANANTHAPURAM - 695 016.
3. THE VICE CHANCELLOR, C.E.T CAMPUS,
THIRUVANANTHAPURAM - 695 016.
4. SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION,
THIRUVANANTHAPURAM - 695 101.
:: 2 ::
WA.No. 1701 of 2016
5. NADIRSHA NAZAR,
7TH SEMESTER ELECTRONICS AND
COMMUNICATION ENGINEERING,
RAJADHANI INSTITUTE OF ENGINEERING AND TECHNOLOGY,
NEDUMPARAMBU, THIRUVANANTHAPURAM - 695 102.
R1 BY ADV. SRI.M.R.RAJENDRAN NAIR (SR.)
R1 BY ADV. SRI.JOHNSON GOMEZ
R1 BY ADV. SRI.S.BIJU (KIZHAKKANELA)
R2 BY SRI.S.KRISHNAMOORTHY, SC, KTU
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01-09-2016,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mohan M. Shantanagoudar, Ag. C.J.
&
K.T.Sankaran, J.
----------------------------------------------------
W.A. No.1701 of 2016
----------------------------------------------------
Dated this the 1st day of September, 2016
JUDGMENT
Mohan M. Shantanagoudar, Ag. C.J.
The judgment dated 3.8.2016 passed in W.P.(C) No.17436 of 2016 is called in question in this appeal filed by the Principal of Rajadhani Institute of Engineering and Technology, Thiruvananthapuram.
2. The records reveal that the first respondent is a 3rd Semester Computer Science and Electronic Engineering student in the appellant College affiliated to the second respondent University. Certain unfortunate incidents took place on 5.3.2016 in the college premises. The first respondent alleges that she was ragged by the fifth respondent, in as much as she was slapped on her face by him and was called by name "fine". It seems that the students have used the nick name "fine" to address the first respondent, which, according to her, amounts to insulting. Be that as it may, we do not W.A. No.1701 of 2016 :: 2 ::
propose to enter into the factual aspects in this appeal at this stage in as much as the Admission Supervisory Committee/Fee Regulatory Committee has to enquire into that aspect of the matter and to pass an order.
3. Suffice it to state at this stage in this writ appeal that the first respondent, having felt insulted or ragged in the college premises, filed an application before the college authorities for returning her Transfer Certificate and other documents which she had submitted at the time of her admission in the College. The college authorities demanded the remaining course fees in order to provide the relevant documents to the first respondent. Being aggrieved by such demand, the first respondent approached this Court by filing W.P.(C) No.17436 of 2016, which came to be allowed by the impugned judgment with a direction to the appellants to return the documents to the first respondent without insisting for the fees to be paid by her for the remaining years of the course.
4. Dr.K.P.Satheesan, learned senior counsel appearing on behalf of the appellants, submits that a Committee was constituted W.A. No.1701 of 2016 :: 3 ::
by the college authorities to find out the factual aspects which occurred on 5.3.2016 in the college premises and that the said enquiry committee has given Ext.P6 report dated 15.4.2016 with the conclusion that the first respondent as well as the fifth respondent are in fault and therefore, they are liable to be dismissed from the College. Based on Ext.P6 report, the learned senior counsel argues that it is incumbent on the part of the first respondent to pay the remaining fees of the entire course in order to get back the Transfer Certificate etc. from the College.
5. The said submissions are opposed by the learned senior counsel appearing on behalf of the first respondent. The learned senior counsel, relying upon the order dated 3.7.2015 issued by the Higher Education Department of the Government of Kerala, submitted that until an enquiry is conducted and an order is passed by the Admission Supervisory Committee/Fee Regulatory Committee, it is not open for the College to insist for payment of the remaining fees and that it is incumbent on the part of the college to return all the documents submitted by the first respondent at the time of admission.
W.A. No.1701 of 2016
:: 4 ::
6. Since the facts of the case are to be enquired into by the Admission Supervisory Committee/Fee Regulatory Committee in future, we do not propose to discuss on them for the purpose of disposal of the writ appeal. However, the records reveal that the first respondent wants transfer to some other institution for pursuing her course and, for that purpose, she needs Transfer Certificate and other documents which she had submitted at the time of her admission in the College.
7. The question as to whether the first respondent should be ordered to pay the fees for the remaining course or not, is fully governed by the order dated 3.7.2015 issued by the Higher Education Department, Government of Kerala. The relevant portion of the order is at paragraph 21, which reads thus:
"21. 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 15th day of August 2015, which is the W.A. No.1701 of 2016 :: 5 ::
closing date of admission to Engineering courses. In case, any student admitted to the College decides to cancel the admission for any reason whatsoever, the Educational Agency shall also be entitled to collect the tuition fee of the entire course, 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 Engineering colleges have no right to retain the documents of any student who discontinue the course 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. Provided that 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 may not be collected from the students who got admission through KEAM 2015 in MBBS/BDS/Pharmacy/Sidha/Ayurveda/ W.A. No.1701 of 2016 :: 6 ::
Homeo/Veterinery/Unani/Fisheries/Agriculture etc. But fees remitted for the year need not be refunded. Students should produce documents in respect of admission to the said Medical Courses. In the case of students joining AFMC/ NDA/Naval Academy/Defence 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."
8. A plain reading of the said order makes it clear that the Engineering Colleges have no right to retain the documents of any student who discontinue the course after 15.8.2015, that the 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 and that all documents shall be released to the student at the time of discontinuance with such undertaking. Certain other factors are also mentioned in the said order. Thus, it is incumbent on the appellants to return all the documents to the first respondent, after obtaining a bond from her as well as one of her parents undertaking to obey the order that may be passed by the Admission Supervisory Committee/Fee Regulatory Committee, which would W.A. No.1701 of 2016 :: 7 ::
enquire into the matter and pass an order. Till such time, it is not open for the College to retain the documents furnished by the first respondent. So also, it is not open for the College to insist for payment of fees for the remaining period of the course.
9. Accordingly, the writ appeal is disposed of with the following observations:
a) The first respondent and one of her parents shall execute a bond and submit the same before the Principal of the College, undertaking to obey the order that may be passed by the Admission Supervisory Committee/Fee Regulatory Committee, Court of law. In case if the order goes against the first respondent, she will have to pay the entire fees of the course and if the order goes in her favour, no fee can be collected by the College.
b) All the documents submitted by the first respondent to the College at the time of her admission and Transfer Certificate shall be returned forthwith without waiting for any order to be passed by the Admission Supervisory Committee/Fee Regulatory Committee.
W.A. No.1701 of 2016
:: 8 ::
We hope that the Admission Supervisory Committee/Fee Regulatory Committee will decide the matter at an early date, in case either of the parties approach the Committee.
Mohan M. Shantanagoudar Acting Chief Justice K. T.Sankaran Judge ahz/01/09/16