Nidhin P K vs Association For Welfare Of ...
2023 Latest Caselaw 3606 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
     WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                          WP(C) NO. 1668 OF 2013
PETITIONER:

              NIDHIN P K
              AGED 20 YEARS
              S/O. SREENIVASAN, PALLOTTUKANDY HOUSE, CHELIYA.P.O.,
              KOILANDY, KOZHIKODE DISTRICT.
              (NOW MENTALLY ILL REPRESENTED BY HIS FATHER AND NEXT
              FRIEND SREENIVASAN, AGED 52 YEARS,
              S/O. RAMANKUTTY, RESIDING AT PATTOTTUKANDY HOUSE,
              CHELIYA.P.O., KOILANDY, KOZHIKODE DISTRICT.

              BY ADVS.
              SRI.P.R.SREEJITH
              SRI.M.PROMODH KUMAR


RESPONDENTS:

     1        ASSOCIATION FOR WELFARE OF HANDICAPPED
              (AWH), POLYTECHNIC COLLEGE KUTTIKKATTOOR, KOZHIKODE-8,
              REPRESENTED BY ITS PRINCIPAL.

  ADDL.R2     ADV.K.N.NAMBOOTHIRI
              RECEIVER, ASSOCIATION FOR WELFARE OF HANDICAPPED (AWH),
              POLYTECHNIC COLLEGE, KUTTIKKATTOOR, KOZHIKODE,
              HAVING OFFICE AT 11/271 A, CHEROOTI ROAD, KOZHIKODE.

              IMPLEADED AS PER ORDER DATED 4/4/13 IN I.A..3834/13.

  AADL.R3     THE MEDICAL BOARD
              MEDICAL COLLEGE HOSPITAL, KOZHIKODE

              IS IMPLEADED AS PER ORDER DATED 24/7/15

              BY ADV R.SURENDRAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1668 OF 2013
                                2

                             JUDGMENT

Petitioner after having passed Junior Technical High School

joined respondent College for undergoing three year diploma in

Tool and Dye in 2010-2013 batch with admission No.001184. By

the middle of the first academic year, the petitioner developed

frequent bouts of depression, excitement and social phobia and

remained in various hospitals both as inpatient and outpatient

as per certificate Ext.P2. Could not attend the college during

the 2nd year of the course despite having tried to attend. For the

first year, had remitted a sum of Rs.40,000/- and for the second

year, Rs.20,000/-. At the time of admission, petitioner had

submitted original educational certificates ie., JTHSL certificate,

VHSE certificate, Transfer Certificate etc. which have been

withheld by the respondent for the reason that the petitioner is

required to pay the balance tuition fee of the course.

2. Learned counsel appearing on behalf of the petitioner

submitted that the stand of the respondent college had been

that as per condition No.9 of the agreement entered into WP(C) NO. 1668 OF 2013

between the college and Government, a student who has

decided to cancel the admission for any reason was liable to pay

the balance tuition fee. The said agreement cannot have a

binding effect on the petitioner.

3. Learned counsel appearing on behalf of the college

also relied upon the said clause and submits that until and

unless the balance tuition fee of Rs.56,000/- is not paid,

educational certificate should not be given.

4. I have heard the learned counsel for the parties and

appraised the paper book.

5. The agreement Ext.R2(a) was entered into between

the Government and the College. Petitioner was not a signatory.

Clause 9 of the agreement reads as under:

9. The educational agency is authorized not to refund the tuition fee of the course in the event a student admitted under the management or Government quota, deserts or discontinue his/her studies for any reason at any time after 30 th June 2010. Students allotted under Government quota shall be entitled to seek higher option on or before 30 th June 2010.

Students seeking higher options shall intimate the educational agency and the Director of Technical WP(C) NO. 1668 OF 2013

Education of their decision in writing to withdraw from the allotment under the educational agency on or before 30th June 2010. In such cases the educational agency shall be bound to refund the amounts received/collected. In case, any student admitted to the college decides to cancel the admission for any reason whatsoever after the 30 th June 2010 the educational agency shall be entitled to collect the tuition fees for entire course as fixed under this agreement. The documents pertaining to such student shall be released only on payment of the above amount. The Directorate of Technical Education shall not allot any student to the educational agency after 30th June 2010.

6. Petitioner would have been bound by the above

clause for the reason that the prospectus contained the same

terms and conditions. Terms and conditions of prospectus have

intentionally been withheld by the respondents. In this view of

the matter, I am of the view that the action of the respondents

withholding documents by insisting upon the payment of

balance tuition fee is wholly aberrative and contumacious much

less fallacious.

7. Writ petition is allowed. Respondents are directed to

release the certificate referred to above to the petitioner within WP(C) NO. 1668 OF 2013

a period of one week from the date of receipt of the judgment

without insisting for payment of balance tuition fees and in case

the petitioner does not approach, the respondents are directed

to send the documents by registered post at the latest address

to be given by the learned counsel for the petitioner.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 1668 OF 2013

APPENDIX OF WP(C) 1668/2013

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD OF PETITIONER WITH THE RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE TREATMENT RECORDS OF THE PETITIONER BOTH AS INPATIENT AND OUTPATIENT FROM THE MEDICAL COLLEGE HOSPITAL, KOZHIKODE AND VARIOUS OTHER HOSPITALS

EXHIBIT P3 A TRUE COPY OF THE WRITTEN REQUEST BY PETITIONER'S FATHER DATED 3.1.2013 TO THE RESPONDENT TO RETURN PETITIONER'S CERTIFICATES.

RESPONDENTS EXHIBIT

EXHIBIT R2(A) TRUE COPY OF THE AGREEMENT DATED 31.5.2010 ENTERED INTO BETWEEN THE SECOND RESPONDENT SOCIETY AND THE GOVERNMENT OF KERALA.