IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 3807 OF 2022
PETITIONER:
AKHIL KRISHNAN B, AGED 22 YEARS,
S/O BIJU G, AKHIL KRISHNA BHAVAN, PARAYANALI,
OMALLOOR P.O., PATHANAMTHITTA, KERALA-695 606.
BY ADV G.MANU (M-1316)
RESPONDENTS:
1 THE PRINCIPAL,
REPRESENTED BY SREE NARAYANA GURU COLLEGE FOR ADVANCED
STUDIES, MEZHUVELI PATHANAMTHITTA-695 033,
PATHANAMTHITTA DISTRICT, KERALA.
2 THE DIRECTOR, HEAD OFFICE, COLLEGIATE, EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM DISTRICT,
THIRUVANANTHAPURAM-695 033.
3 THE PRINCIPAL, MUNNAR GOVERNMENT COLLEGE,
KOCHI-DHANUSHKODI ROAD, KANNAN DEVAN HILLS, MUNNAR,
IDUKKI-685 612, IDUKKI DISTRICT, KERALA.
BY ADV A.N.RAJAN BABU
SMT.RESMI THOMAS, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3807 OF 2022
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JUDGMENT
The petitioner joined the 'Sree Narayana Guru College for Advanced Studies', Pathanamthitta - the Principal of which is the 1st respondent herein; but wants to obtain a Transfer Certificate therefrom, to join the Munnar Government College, Idukki.
2. The petitioner alleges that the 1st respondent - Principal is refusing to issue him Transfer Certificate or to return his Educational Certificates, citing the reason that he had not paid the 1st semester fee of Rs.25,500/- within time.
3. The petitioner says that he had suffered an accident and faced various extenuating circumstances in his life; and therefore, that he was unable to pay the afore amount to the 1 st respondent, though conceding that he received the WP(C) NO. 3807 OF 2022 -3- said amount from the Department of Scheduled Castes/Scheduled Tribes, Government of Kerala, under an applicable Scheme.
4. Sri.G.Manu - learned counsel for the petitioner, undertook that his client will pay the amount of Rs.25,500/- to the 1st respondent within a period of 90 days from the date on which the Transfer Certificate and the Educational Certificates are released to him; and added that this can be recorded by this Court.
5. Sri.A.N.Rajan Babu - learned counsel for the 1st respondent, very fairly, submitted that his client will accede to the afore suggestion and left it to this Court to issue appropriate orders.
6. I must record, however, that the factum of the petitioner having received the money - as is evident from Ext.R1(c) - being admitted, he ought not to have used that sum for his own purposes, whatever be the compulsion he may have had. This WP(C) NO. 3807 OF 2022 -4- is against the principles behind the grant of such assistance to the members of the SC/ST communities and it cannot be favoured by this Court in any manner.
7. That said, since the petitioner is stated to be suffering from various issues, I deem it appropriate to grant him the afore requested latitude.
Resultantly, this writ petition is ordered with the following directions:
(a) I leave liberty to the petitioner to approach the 1st respondent - Principal for issuance of a Transfer Certificate and release of his Educational Certificates; which shall be done by the said Authority without any further delay.
(b) The petitioner will remit the amount of Rs.25,500/- (Rupees twenty five thousand and five hundred only) to the 1st respondent, either in lumpsum or in installments, within a period of 90 WP(C) NO. 3807 OF 2022 -5- days from the date of receipt of a copy of this judgment; failing which, said Authority will be at full liberty to initiate such action, as is permissible, against the petitioner for its recovery; for which purpose, all contentions are left open.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 3807 OF 2022 -6- APPENDIX OF WP(C) 3807/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF SSLC CERTIFICATE. EXHIBIT P2 TRUE COPY OF PLUS TOW CERTIFICATE. EXHIBIT P3 TRUE COPY OF THE ADMISSION CONFIRMATION SLIP DATED 9.7.2019 AND STUDENT IDENTITY CARD FOR 2019-22 EXHIBIT P4 TRUE COPY OF DISCHARGE CARD, DATED 13.2.2019, ISSUED BY THE GENERAL HOSPITAL, PATHANAMTHITTA EXHIBIT P5 TRUE COPY OF THE REQUEST LETTER WITH AFFIDAVIT STATEMENT ALONG WITH ACKNOWLEDGEMENT CARD SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT PRINCIPAL DATED 10.1.2021 EXHIBIT P6 TRUE COPY OF REQUEST LETTER SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DIRECTOR, COLLEGE EDUCATION , THIRUVANANTHAPURAM DATED 30.11 2021 EXHIBIT P7 TRUE COPY OF THE 2ND RESPONDENT DIRECTOR, COLLEGE EDUCATION THIRUVANANTHAPURAM, DATED 23.12.2021 SENT TO THE 1ST RESPONDENT EXHIBIT P8 TRUE COPY OF THE ALLOTMENT MEMO (PROVISIONAL) ISSUED BY M.G.UNIVERSITY TO THE GOVERNMENT COLLEGE, MUNNAR IDUKKI, FOR ADMISSION PURPOSE ON 27-10-2021.
EXHIBIT P9 TRUE COPY OF THE REQUEST LETTER SUBMITTED BEFORE THE GOVERNMENT COLLEGE, MUNNAR, IDUKKI, FOR THE PURPOSE OF GETTING ATTENDANCE CERTIFICATE ON DATED 14-02-2022. EXHIBIT P10 TRUE COPY OF THE CERTIFICATE OF ATTENDANCE WITH SEALED BY ISSUED FROM PRINCIPAL, GOVERNMENT COLLEGE, MUNNAR, IDUKKI, ON DATED 16-02-2022.
WP(C) NO. 3807 OF 2022 -7- RESPONDENT'S/S EXHIBITS :
EXHIBIT R1(a) A TRUE COPY OF THE CHAPTER III OF THE KERALA UNIVERSITY 1ST ORDINANCE 1978 DEALING WITH THE TRANSFER CERTIFICATES AND OTHER CERTIFICATES.
EXHIBIT R1(b) A TRUE COPY OF THE ORDER NO.AC/A1/1/311/2004 DATED 20.11.2004 OF M.G.UNIVERSITY. EXHIBIT R1(c) A TRUE COPY OF THE ORDER NO.F39/29/19(3/3) DATED 14/1/2020 SANCTIONING RS.22,000 TO THE PETITIONER BY DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER.
EXHIBIT R1(d) A TRUE COPY OF THE REPLY SUBMITTED DIRECTOR BY THIS RESPONDENT 10/1/2022.
//TRUE COPY// P.A. TO JUDGE