High Court Kerala High Court

K.M.C.School Of Nursing vs The Admission Supervisory … on 18 June, 2008

Kerala High Court
K.M.C.School Of Nursing vs The Admission Supervisory … on 18 June, 2008
       

  

  

 
 
  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.
                 ------------------------------------
                    W.P.(C)No.482 OF 2008
              ----------------------------------------
                 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

W.P.(c)No.482/08 2

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

W.P.(c)No.482/08 3

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

W.P.(c)No.482/08 4

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/-

W.P.(c)No.482/08                  5

            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

W.P.(c)No.482/08 6

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

W.P.(c)No.482/08 7