Kerala High Court
Nandakishore G vs The Commissioner For Entrance ... on 12 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:60798
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947
WP(C) NO. 28810 OF 2025
PETITIONERS:
1 NANDAKISHORE G.
AGED 19 YEARS, S/O. GIREESH KUMAR G.S.
CHANDRAVILASAM, LAKKATTOOR P.O.,
KOTTAYAM, PIN - 686502
2 GIREESH KUMAR G.S.
AGED 54 YEARS, CHANDRAVILASAM,
LAKKATTOOR P.O., KOTTAYAM, PIN - 686502
BY ADV.
SRI.ISAAC KURUVILLA ILLIKAL
RESPONDENTS:
1 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
OFFICE OF THE COMMISSIONER FOR ENTRANCE
EXAMINATIONS, 7TH FLOOR, KSRTC COMPLEX,
OVERBRIDGE, THAMPANOOR, THIRUVANANTHAPURAM,
PIN - 695036
2 PRINCIPAL
SREE NARAYANA INSTITUTE OF MEDICAL SCIENCE
CHALAKKA, NORTH KUTHIYATHODU P.O.,
ERNAKULAM, PIN - 683594
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3 PRINCIPAL
GOVT. MODEL ENGINEERING COLLEGE,
THRIKKAKARA, KOCHI, PIN - 682021
4 FEE REGULATORY COMMITTEE FOR MEDICAL
EDUCATION IN KERALA, REPRESENTED BY ITS
CHAIRMAN, RAM MOHAN PALACE, OLD HIGH COURT
BUILDING, ERNAKULAM, PIN - 682031
5 THE KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR,
MEDICAL COLLEGE CAMPUS, THRISSUR P.O.,
THRISSUR, PIN - 680596
BY ADVS.
SRI.MILLU DANDAPANI
SRI.S.GANESH, STANDING COUNSEL
SMT.MARY BENJAMIN, STANDING COUNSEL
SRI.M.RAJAGOPALAN NAIR, STANDING COUNSEL,
INSTITUTE OF HUMAN RESOURCES DEVELOPMENT-IHRD
SRI.K.M.FAIZAL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 12.08.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C)No.28810 of 2025
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JUDGMENT
Dated this the 12th day of August, 2025 The 1st petitioner was a first year MBBS (2024 Batch) student in the Sree Narayana Institute of Medical Sciences, a Private Self-Financing Medical College affiliated to the 5th respondent-University. The 2nd respondent is the Principal of the College. The 2nd petitioner is the father of the 1st petitioner.
2. The 1st petitioner, during the course of his studies, faced serious psychological health issues due to intense academic pressure, hectic schedule and emotional stress associated with the programme. The 1st petitioner realised that he cannot continue the course further and decided to discontinue the programme after the first academic year to preserve mental health and well-being. W.P.(C)No.28810 of 2025 :4:
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3. In the meantime, the 1st petitioner had appeared for the KEAM Examination, 2025 and had secured rank 8676. He was allotted in merit seat to the Model Engineering College, Thrikkakara. His date of joining is from 31.07.2025 to 04.08.2025. He was directed to produce documents, such as Transfer Certificate from the Institution last attended, Conduct Certificate, original mark list of Higher Secondary and originals of all documents / certificates uploaded during the online application at the time of his joining.
4. The petitioners state that since the original mark list of Higher Secondary was in the possession of the 2nd respondent and since the 1st petitioner required Transfer and Conduct Certificate, the 2nd petitioner approached the 2nd respondent. The certificates were denied to him by the 2 nd respondent, stating that he had to pay liquidated damages of ₹10,00,000/- for the release of his original Higher Secondary W.P.(C)No.28810 of 2025 :5: 2025:KER:60798 mark lists and for getting Transfer and Conduct Certificates.
5. Since the petitioners are in acute financial difficulty, they cannot raise ₹10,00,000/- on such short notice. The last date for joining Model Engineering College is 04.08.2025 and if the 1st petitioner does not join the College by that date, he will lose his one academic year. The 2 nd respondent does not have any authority to withhold the Certificates / documents of the 1st petitioner in case of non- payment of liquidated damages.
6. Counsel for the 2nd respondent submitted that the petitioners have already approached the Fee Regulatory Committee for Medical Education, Kerala, seeking to release the Certificates and to ensure that no further financial demands are made by the College towards the so called liquidated damages or bond enforcement. The petitioners are resorting to forum shopping. Therefore, the petitioners should be directed to give a bond or undertaking W.P.(C)No.28810 of 2025 :6: 2025:KER:60798 for payment of due fees to the College.
In the facts and circumstances of the case, the writ petition is disposed of directing the 4th respondent - Fee Regulatory Committee to consider Ext.P5 complaint and decide the amount, if any payable towards the liquidated damages or balance fee.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.28810 of 2025 :7: 2025:KER:60798 APPENDIX OF WP(C) 28810/2025 PETITIONERS' EXHIBITS Exhibit P1 A PHOTOCOPY OF THE E-MAIL DATED 08.07.2025 OF THE 2ND PETITIONER TO THE 2ND RESPONDENT Exhibit P2 A PHOTOCOPY OF THE REMINDER DATED 17.07.2025 OF THE 2ND PETITIONER TO THE 2ND RESPONDENT Exhibit P3 A PHOTOCOPY OF THE FORM FOR NO DUES CERTIFICATE OF THE 2ND RESPONDENT IN RESPECT OF THE 1ST PETITIONER Exhibit P4 A PHOTOCOPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSES 2024 ISSUED BY THE 1ST RESPONDENT Exhibit P5 A PHOTOCOPY OF THE COMPLAINT DATED 25.07.2025 SUBMITTED BY THE 2ND PETITIONER TO THE 4TH RESPONDENT Exhibit P6 A PHOTOCOPY OF THE ALLOTMENT MEMO ISSUED BY THE 1ST RESPONDENT DATED 30.07.2025 Exhibit P7 A PHOTOCOPY OF THE COMMUNICATION OF THE 4TH RESPONDENT DATED 01.08.2025 TO THE 2ND RESPONDENT Exhibit P8 A PHOTOCOPY OF THE FEE REMITTANCE DETAILS Exhibit P9 A PHOTOCOPY OF THE LETTER DATED 02.08.2025 OF THE 2ND PETITIONER TO THE 1ST RESPONDENT Exhibit P10 A PHOTOCOPY OF THE LETTER OF THE 2ND PETITIONER DATED 02.08.2025 TO THE 2ND RESPONDENT