Kerala High Court
Akhil Krishnan B vs The Principal on 6 July, 2022
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
-2-
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
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
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
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
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
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
