Krishna Prasad M vs Director Of Technical Education
2024 Latest Caselaw 17243 Ker

Kerala High Court

Krishna Prasad M vs Director Of Technical Education on 20 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
                        WP(C) NO. 25754 OF 2018
PETITIONER:

          KRISHNA PRASAD M
          AGED 19 YEARS
          S/O. MADHAVAN KUTTY K, EDAYINETHU HOUSE, MUTHUKULAM
          NORTH, CHOOLATHERUVU P.O, ALAPPUZHA, 690 506.

          BY ADVS.
          SRI.P.SREEKUMAR
          SRI.K.ARJUN VENUGOPAL
          SMT.V.A.HARITHA
          SRI.R.NANDAGOPAL
          SRI.SIDHARTH B PRASAD



RESPONDENTS:

    1     DIRECTOR OF TECHNICAL EDUCATION
          DIRECTORATE OF TECHNICAL EDUCATION, PADMAVILASOM
          STREET, FORT P.O, THIRUVANANTHAPURAM 695 023.

    2     CARMEL POLYTECHNIC COLLEGE
          PUNNAPRA P.O, ALAPPUZHA 688 044, REPRESENTED BY ITS
          PRINCIPAL.

          BY ADVS.
          SRI.LIJU.V.STEPHEN
          SMT.INDU SUSAN JACOB



OTHER PRESENT:

          SRI.B.S.SYAMANTAK, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25754 OF 2018
                                     2

                 P.V.KUNHIKRISHNAN,J.
             ---------------------
                W.P (C) No.25754 of 2018
          ---------------------------
            Dated this the 20th day of June, 2024

                               JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of mandamus or any other writ, order or direction directing the 1st Respondent to take necessary steps to ensure that the 2nd Respondent releases certificates to the Petitioner;

ii. Declare that the 2nd Respondent has no right whatsoever to withhold the original certificates of the Petitioner;

iii. Pass such further orders as this Honourable Court may be pleased to grant on the facts and circumstances of the case." (SIC)

2. The petitioner was a student of the 2 nd

respondent College pursuing 1st year of Electronic

Engineering in the academic year 2017-2018. It is

submitted that, at the time of admission, the petitioner had

submitted his original certificates to the 2 nd respondent

College as can be seen from Ext.P1 admission slip. It is

submitted that the petitioner had only attended classes for

the 1st year course and he was not desirous of pursuing the

course further. The petitioner decided to pursue ITC course, WP(C) NO. 25754 OF 2018

for which the admission was about to be closed. The

petitioner paid entire fee for the 1st year as evident by

Ext.P2 receipt is the submission. The petitioner made

Exts.P3 and P4 applications seeking release of his

certificates, which are required for the purpose of admission

to ITC course. However, the 2 nd respondent demanded an

amount of Rs.70,000/- from the petitioner for release of the

certificates. Hence, the petitioner addressed the 1 st

respondent with Ext.P5 representation. Even then, there

was no action from 1st respondent. Hence, this writ petition

is filed.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. When this writ petition came up for consideration

on 27.11.2018, this Court passed the following order:-

"Heard learned counsel for the petitioner and the learned counsel for the 2nd respondent.

There will be an interim direction to the respondents to release the certificates of the petitioner on the petitioner producing bank guarantee for an amount of Rs.25,000/- (Rupees twenty five thousand only) and a personal bond for the balance amount as sought for by the 2nd WP(C) NO. 25754 OF 2018

respondent. The 1st respondent shall receive the certificates produced by the petitioner without taking the contention that the production is belated."

5. As per the above order, it is submitted that the

petitioner produced bank guarantee for an amount of

Rs.25,000/-. If that is the case, this writ petition can be

closed allowing the 2nd respondent to invoke the bank

guarantee. Considering the facts and circumstances and

also considering the lapse of time, the balance payment can

be waived.

Therefore, this writ petition is disposed of with the

following directions:-

1) The order dated 27.11.2018 is retained.

2) The 2nd respondent is free to invoke the bank guarantee furnished by the petitioner.

3) No further steps shall be taken against the petitioner for recovery of any amount.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng WP(C) NO. 25754 OF 2018

APPENDIX OF WP(C) 25754/2018

PETITIONER EXHIBITS

EXHIBIT P1. COPY OF THE ADMISSION SLIP DATED 31.07.2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2. COPY OF THE TWO CASH PAYMENT RECEIPTS DATED 31.07.2018 AND 31.10.2017.2

EXHIBIT P3. COPY OF THE APPLICATION DATED 19.07.2018 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P4. COPY OF THE APPLICATION DATED 19.07.2018 ADDRESSED BY THE PETITIONER TO THE PRINCIPAL OF THE 2ND RESPONDENT.

EXHIBIT P5. COPY OF THE LETTER DATED 15.07.2018 OF THE PETITIONER TO THE IST RESPONDENT.