Kerala High Court
Abdulla Kunju vs Rajadhani Institute Of ... on 25 August, 2023
WP(C) No.26445/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
Friday, the 25th day of August 2023 / 3rd Bhadra, 1945
WP(C) NO. 26445 OF 2023(E)
PETITIONER:
ABDULLA KUNJU, AGED 51 YEARS, S/O. SHAHUL HAMED, KUTTIVILA VEEDU,
RAHANA MANZIL, PERINAD, CHANDANATHOPE P.O., KOLLAM PIN - 691014
RESPONDENTS:
1. RAJADHANI INSTITUTE OF ENGINEERING AND TECHNOLOGY, RAJADHANI HILLS,
NAGAROOR, ATTINGAL, THIRUVANANTHAPURAM -695102 REPRESENTED BY ITS
PRINCIPAL.
2. APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
THIRUVANANTHAPURAM - 695016 REPRESENTED BY ITS VICE CHANCELLOR.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim order directing the 1st respondent to release
the original certificates of the petitioner's son namely, Mohammed Azad
A., pending final disposal of this writ petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. BIJU .C. ABRAHAM, THOMAS C.ABRAHAM, BASIL MATHEW Advocates for the
petitioners SRI.C.P.SAJI ADVOCATE for the respondent 1 (B/O) and of
STANDING COUNSEL for the respondent 2, the court passed the following:
WP(C) No.26445/2023 2/4
1
WPC . 26445/2023
BASANT BALAJI,J.
===========================
W.P.(C) No.26445 of 2023
===========================
ORDER
(Dated this the 25th day of August, 2023)
The interim prayer sought for by the petitioner is to issue a
direction to the 1st respondent to release the original certificates of the
petitioner's son. The petitioner's son after completing the plus two got
admission in the 1st respondent college through Lateral Entry (LET) in
Computer Engineering Degree course. As the petitioner's son was
subjected to ragging by senior students, he was under medical
treatment due to mental shock. The petitioner decided not to send him
to the 1st respondent college and took admission in some other college.
2. Subsequently he approached the 1st respondent and requested
to return the original certificates of his son and refund the fees paid.
Though the request is not accepted and the documents are not released
by the 1st respondent, he has approached this court. Notice by special
messenger was ordered to 1st respondent and Adv. Sri. C.P.Saji
appearing for the 1st respondent submits that, from Exts.P4 and P5
WP(C) No.26445/2023 3/4
WPC . 26445/2023
receipts it can be seen that balance fees is due from the students.
So unless and until it is cleared, the petitioner is not entitled to request
the college for return of the documents.
3. This Court has timely declared in various judgments, that the
College Authorities do not have a right to retain documents submitted
by the students at the time of admission.
Therefore, there will be a direction to the 1st respondent to return
the original certificates of the petitioner's son, to Sri. Muhammed
Hazzak A, which were submitted at the time of admission within a
period of 5 days from today. It is also made clear that, the Transfer
Certificate need not be issued at this time. The respondents to
file counter affidavit.
Post after Onam holidays.
Sd/-
BASANT BALAJI,JUDGE
SRJ/
25-08-2023 /True Copy/ Assistant Registrar
WP(C) No.26445/2023 4/4
APPENDIX OF WP(C) 26445/2023
Exhibit P4 TRUE COPY OF THE RECEIPT BEARING NO. 2022/4129 DATED
26/8/2022 EVIDENCING THE PAYMENT OF RS. 25,000/- ISSUED
BY THE 1ST RESPONDENT
Exhibit P5 TRUE COPY OF THE RECEIPT BEARING NO. 2022/4456 DATED
14/9/2022 EVIDENCING THE PAYMENT OF RS. 6,100/- ISSUED
BY THE 1ST RESPONDENT
25-08-2023 /True Copy/ Assistant Registrar
