IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 482 of 2008(G)
1. K.M.C.SCHOOL OF NURSING,
... Petitioner
Vs
1. THE ADMISSION SUPERVISORY COMMITTEE
... Respondent
2. MISS ANUJA JOY, D/O.JOY.K.,
For Petitioner :SRI.K.V.GOPINATHAN NAIR
For Respondent :SRI.ALIAS M.CHERIAN
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :18/06/2008
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.482 OF 2008
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Dated this the 18th day of June, 2008
JUDGMENT
The petitioner is a Nursing School. They are challenging
Ext.P7 order of the Admission Supervisory Committee for
Professional Colleges, the 1st respondent herein, by which the
petitioner was directed to return the original certificates received
at the time of admission from the 2nd respondent who was a
former student of the School who discontinued her studies, within
a period of ten days on production of that order. The dispute
arose in the following factual scenario.
2. The 2nd respondent applied to the petitioner for
admission to the petitioner School of Nursing. She was admitted
on 18.8.2006. At the time of admission, the 2nd respondent paid
Rs.42,900/- as the course fees and other fees and expenses. She
also entrusted the original of her SSLC Book, mark list, transfer
certificate and conduct certificate etc., with the College. On
21.5.07, the 2nd respondent submitted Ext.P2 petition before the
Principal of the petitioner School, seeking return of the original
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certificates on the ground that she does not wish to continue
the studies. However, the petitioner insisted upon paying the
entire course fees for all the three years for returning the
original certificates. The 2nd respondent approached the 1st
respondent for appropriate reliefs. Originally, the 2nd
respondent sought a direction to the petitioner for return of
the fees paid as well. At the time of hearing, the 2nd
respondent’s counsel submitted that the 2nd respondent is not
pressing the prayer for refund of the fees collected at the time
of admission and is confining her prayer for a direction to
return the certificates retained by the petitioner School. The
1st respondent by Ext.P7 order, directed the petitioner to
return the original certificates. The same is under challenge in
this writ petition.
3. The first contention of the petitioner is that the 2nd
respondent left the institution after about 9 months by which
time, the time for admission of a new student had already
expired and as per the norms of the Nursing Council, the
petitioner cannot admit a new student. As a result, the
petitioner lost the course fees payable by one student. There
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are only twenty students in the batch and if one student drops
out without paying the course fees, it would materially affect
the finance of the petitioner School, who has to pay salary to
the teaching and non-teaching staff. He would submit that as
per Ext.P1 prospectus, all the candidates were required to pay
the fees in advance. The 2nd respondent had paid only fees
for the first year and therefore the 2nd respondent has to pay
the balance fees for the second and third years also. Since the
2nd respondent has not paid the fees for the second and third
years, the petitioner is not bound to return the certificates
unless and until the entire course fees are paid.
4. On the other hand, the contention of the 2nd
respondent is that the petitioner had misled the 2nd respondent
in so far as the petitioner did not have recognition from the
Indian Nursing Council, as a result of which even if she
completes the course, the 2nd respondent would not be able to
seek employment outside the State since the petitioner had
recognition only from the Kerala Nurses and Midwives Council.
She would also submit that there is no rule or regulation which
enables the petitioner to require payment of entire fees for
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the three years as a condition for return of the original
certificates of a student, who drops out in the middle of the
course.
5. I have considered the rival contentions in detail. I
am of opinion that the petitioner can require a student to pay
the entire course fees as a condition for return of the original
certificates in case of drop out only if there is a specific
provision enabling the petitioner to do so. Ext.P1 is the
prospectus issued by the petitioner School. They are bound by
the same. The only provision in Ext.P1 on the subject of fees
is Clauses 16 and 17 thereof, which read thus:
“16. Fees and other expenses for the first year
as follows.
17. Fees and other expenses for the 2nd, 3rd
years and Last Semester will be notified at the end of
School terms.
Admission Fee - 1500/-
Tuition Fee - 8000/-
Library Fee - 500/-
Recreation - 500/-
Affiliation Fee - 500/-
SNA Subscription - 100/-
Registration Fee - 800/-
KNC & INC
Conveyance charge - 3000/-
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Lodging - 4000/-
Special Fees - 3000/-
Establishment charge - 5000/-
Community Posting Fee - 1000/-
Total - 27900/-
Examination fees as per government rate. All the
above should be paid in advance at the time of admission.
Tuition fees and other dues paid by the students shall
not be refundable if they discontinue the course, under
any circumstances.
Mess deposit, cost of purchase of books, uniform and
miscellaneous payments if any be paid on October 1st.
Mess money should be paid before 10th of every month”.
These claims only provide that the tuition fees and other dues
paid by the 2nd respondent shall not be refundable, if she
discontinues the course under any circumstances. They do not
enable the petitioner to require a student dropping out in the
middle of the course to pay the entire course fees for the
remaining period of study as well. Without an enabling
provision either in the prospectus or in the Rules or
Regulations applicable, the petitioner cannot demand the 2nd
respondent to pay the balance course fees as a condition for
return of the original certificates deposited by the 2nd
respondent with the petitioner at the time of admission. No
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other grounds are urged before me.
In the above circumstances, although on a different
ground, I am not inclined to interfere with Ext.P7 order.
Accordingly, the petitioner shall return the original certificates
to the 2nd respondent within a period of ten days from today.
The writ petition is disposed of accordingly.
S. SIRI JAGAN, JUDGE
Acd
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