Kerala High Court
Gauri Dennis vs State Of Kerala on 13 August, 2025
2025:KER:61158
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WP(C) No.33215 of 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 13TH DAY OF AUGUST 2025 / 22ND
SRAVANA, 1947
WP(C) NO. 33215 OF 2019
PETITIONER:
GAURI DENNIS, AGED 20 YEARS
D/O.E.A.DENNIS, ELANJICKAL HOUSE, CC 14/1644
A, DARSANA LANE, KARUVELIPADY, THOPPUMPADY,
ERNAKULAM-682005
BY ADVS.
SRI.T.B.HOOD
SMT.M.ISHA
SRI.AMAL KASHA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001
2 PRINCIPAL SECRETARY TO GOVERNMETN
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001
3 COMMISSIONER FOR ENTRANCE EXAMINATIONS
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM-695001
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WP(C) No.33215 of 2019
4 PRINCIPAL
GOVERNMENT DENTAL COLLEGE, VANDANAM,
ALAPPUZHA-688005
5 UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT OF
INDIA, MINISTRY OF HEALTH AND FAMILY
WELFARE, DENTAL EDUCATION SECTION, NIRMAN
BHAVAN, NEW DELHI-110011
BY ADVS.
GOVERNMENT PLEADER
SHRI.ANISH JAIN, CGC
OTHER PRESENT:
R1 TO 4 - SRI.E.G.GORDEN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 13.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.33215 of 2019
JUDGMENT
Dated this the 13th day of August, 2025
The petitioner had appeared for NEET for the
year 2019 and secured sufficient score as per Ext.P1.
Subsequently, the petitioner got allotment and admission
for BDS Course at the Government Dental College,
Alappuzha on 21.08.2019. Thereafter, she got allotment
for B.V.Sc.& A.H (Bachelor of Veterinary Science and
Animal Husbandry) Course under the All India quota. In
that regard, the petitioner received a message about the
provisional allotment of seat for B.V.Sc.&A.H Course on
06.09.2019. As contended in paragraph 5 of the writ
petition, on the next day itself, i.e., on 07.09.2019, the
petitioner submitted application before the 4 th respondent
- Principal of the Government Dental College, Alappuzha
for return of her certificates and to issue a Transfer
Certificate. However, the College Authorities demanded,
the remittance of Rs.5,00,000/- as liquidated damages
for returning the documents.
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2. Due to paucity of time, the petitioner
has remitted Rs.5,00,000/- to the College Office on
14.09.2018 as evident by Ext.P7. On payment of the
amount and on execution of Bond, certificates were
released on 14.09.2019. It is the case of the petitioner
that, though the last date of closing of admission for BDS
Course was on 31.08.2019, as per paragraph 3 of Ext.P9
Circular, the last date of admission to BDS Course was
extended upto 15.09.2019. It is contended by the
petitioner that, in Clause 12.2.4 (a)(ii) in Ext.P8
prospectus, it is specifically stated that:
"If any candidate admitted against
Government Seats in the
Government /Government
Controlled /Private Self Financing Medical &
Dental Colleges and management seats in
Government controlled self financing
colleges allotted by the CEE for MBBS/BDS
courses discontinues after the closing of
admission in the same academic year, to join
other Courses Colleges or for other
purposes, he/she is liable to pay liquidated
damages of Rs.10,00,000/- (Rupees Ten
Lakhs only) in the case of MBBS course and
Rs.5,00,000/- (Rupees five lakhs only) in the
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case of BDS course, irrespective of annual
family income/ nativity/reservation status
and also liable to be debarred from
appearing the Entrance Examinations and
/or allotments conducted by the CEE for a
period not exceeding two years. In case of
failure to remit the penalty, the same is
liable to be recovered under the Revenue
Recovery Act."
3. However, it is contended by the
petitioner that such condition is imposed only in cases
when the candidate discontinue the course after the
closing of the admission and here, in the case on hand,
the last date of admission was extended, as per Exts.P9
and P11, to 15.09.2019. It is contended that, well within
that period, i.e., on 07.09.2019, the petitioner intimated
the College Authorities about her intention to discontinue
the BDS Course, upon receiving intimation of allotment
to B.V,Sc.& A.H under the All India quota. It was the
duty of the College Authorities to intimate the 3 rd
respondent with respect to the availability of the seat for
BDS Course for the said academic year. Therefore, the
petitioner contended that she is entitled to refund of
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liquidated damages of Rs.5,00,000/- remitted as per
Ext.P7.
4. A counter affidavit has been filed by the
3rd respondent. In paragraph 6 of the counter affidavit, it
was submitted that it was only on 14.09.2019, which was
the day before closing the date of admission, the Office of
the 3rd respondent received e-mail from the Principal,
Government Dental College, Alappuzha that the said
candidate has discontinued the course and has requested
TC. Accordingly, the Office directed the College
Authorities to fill any vacancy that arose from the rank
list published by the Commissioner for Entrance
Examinations through proper channel within the
stipulated time, i.e., on 15.09.2019. It is further
contended that it was impossible to notify the vacancy
and to complete the admission procedure within the short
span of one day. Hence, the vacancy that arose for BDS
Course in Government Dental College, Alappuzha on
14.09.2019 could not be filled by that time. That is the
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reason why liquidated damages has to be paid to the
Government as stipulated in the prospectus.
5. I have heard Sri.T.B.Hood, the learned
counsel appearing for the petitioner and also the learned
Government Pleader appearing for the official
respondents.
6. On considering the contentions, it
appears to me that upon receiving a better allotment
under the All India quota, it is quite natural for candidates
to choose to discontinue their courses. Here in this case,
the petitioner obtained B.V.Sc.& A.H course in a
prestigious institution under the All India quota.
Therefore, nobody can compel her to continue in the BDS
seat, allotted to her and in which she was admitted in the
Government Dental College, Alappuzha. In fact, the
petitioner had approached the Principal of the College on
07.09.2019 itself which is not denied by the Principal by
filing any counter affidavit. It was the duty of the
Principal to intimate the same to the 3rd respondent -
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Commissioner of Entrance, so as to notify the availability
of seat to candidates in the rank list as per their NEET
scores for the said year. However, the Principal,
Government Dental College, Alappuzha, chose to wait
until the petitioner effected payment towards liquidated
damages. Though the Principal was well aware about the
petitioner's discontinuation of the course, by awaiting the
payment, the time elapsed for taking steps to fill up the
vacancy. That responsibility cannot be fastened on the
student, who had opted for a better prospects in another
course under the All India quota.
7. It is pertinent to note that the intention
to discontinue the course was intimated to the College
Authorities prior to the last date, i.e., on 07.09.2019
itself, and the lapse occurred due to the lethargic attitude
on the part of the officials. Similar provision in the
prospectus with respect to liquidated damages was
considered by this Court and entered into a finding in
Thulaseedharan Nair v. Mohandas College of
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Engineering and Technology [2019 (2) KLT 399] and
entered into a finding in paragraph 5 that:
"Therefore, it is evident that in the case of a
student, who discontinues the course prior to
the last date of closing of admissions, he/she
would be entitled for refund of the entire
fees remitted. The liability to pay the fee for
the entire duration of the course and
liquidated damages would arise only if the
student discontinues the course after the last
date fixed for closure of admissions.
Therefore, the vital aspect to be considered
is as to what was the last date fixed for
closing of admissions for the academic year
2013-14......"
Under such circumstances, it appears that the
issue involved in this case is also dealt with on the same
parameters mentioned in the above judgment.
Accordingly, the student, who obtained TC prior to the
last date of admission, not bound to pay the liquidated
damages. Therefore, this writ petition is allowed. The
liquidated damages of Rs.5,00,000/- remitted by the
petitioner as per Ext.P7, shall be refunded to the
petitioner, at the earliest, at any rate, within a period of
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three months from the date of receipt of a certified copy
of this judgment. It is made clear that, if the amount is
not paid within the time as mentioned above, it will carry
interest at the rate of 6% till the date of effecting
payment.
Sd/-
P.M. MANOJ
JUDGE
das
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APPENDIX OF WP(C) 33215/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF NEET SCORE CARD OF THE
PETITIONER
EXHIBIT P2 TRUE COPY OF THE PRINT OUT OF THE
CANDIDATE'S DATA SHEET TAKEN FROM THE
WEBSITE OF THE 3RD RESPONDENT
EXHIBIT P3 TRUE COPY OF THE PRINT OUT OF THE
ALLOTMENT MEMO FOR B.SC AGRICULTURE
EXHIBIT P4 TRUE COPY OF THE PRINT OUT OF
ALLOTMENT MEMO FOR BDS COURSE AT
GOVERNMENT DENTAL COLLEGE, KANNUR
EXHIBIT P5 TRUE COPY OF THE PRINT OUT OF
ALLOTMENT MEMO FOR BDS COURSE AT
GOVERNMENT DENTAL COLLEGE, ALAPPUZHA
EXHIBIT P6 TRUE COPY OF THE PRINT OUT OF THE
ALLOTMENT LETTER DATED 09.09.2019
ISSUED BY VETERINARY COUNCIL OF INDIA
TO THE PETITIONER
EXHIBIT P7 TRUE COPY OF THE RECEIPT FOR
RS.5,00,000/- DATED 14.09.2019 ISSUED
TO THE PETITIONER FROM GOVERNMENT
DENTAL COLLEGE, ALAPPUZHA
EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGES OF
THE PROSPECTUS FOR ADMISSION TO
KERALA ENGINEERING, ARCHITECTURE AND
MEDICAL COURSES(KEAM), 2019
EXHIBIT P9 TRUE COPY OF THE CIRCULAR DATED
26.08.2019 ISSUED BY THE DENTAL
COUNCIL OF INDIA
EXHIBIT P10 TRUE COPY OF THE PUBLIC NOTICE DATED
06.09.2019 ISSUED BY THE MINISTRY OF
HEALTH AND FAMILY WELFARE, GOVERNMENT
OF INDIA
EXHIBIT P11 TRUE COPY OF THE NOTIFICATION DATED
11.09.2019 ISSUED BY MEDICAL
COUNSELING COMMITTEE
