High Court Kerala High Court

Tency K. Lancelot vs State Of Kerala on 12 December, 2008

Kerala High Court
Tency K. Lancelot vs State Of Kerala on 12 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16419 of 2008(D)


1. TENCY K. LANCELOT,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE REGISTRAR,

3. THE DIRECTOR, CO-OPERATIVE ACADEMY OF

4. THE CHAIRMAN, CO-OPERATIVE ACADEMY OFR

5. THE PRINCIPAL, COLLEGE OF ENGINEERING,P

                For Petitioner  :SRI.GOPAKUMAR R.THALIYAL

                For Respondent  :SRI.MILLU DANDAPANI

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :12/12/2008

 O R D E R
                            P.N.RAVINDRAN, J
                          -----------------------------
                     W.P.(C) NO: 16419 of 2008
                          -----------------------------
                  Dated this 12th day of December, 2008

                                JUDGMENT

Heard Both sides. The petitioner was an applicant for admission to the

B.Tech degree course in the Co-operative Academy of Professional

Education under the NRI quota. She was selected and she also paid the fee

payable for NRI seats. However, even before the classes commenced, she

secured admission for the Engineering degree course in Cochin University of

Science and Technology. The grievance voiced by the petitioner in this Writ

Petition is that the respondents have not refunded the sum of Rs.2,35,695/-

remitted by her.

2. The respondents resist the writ petition contending inter alia that

in view of the stipulations in Paragraph 8 of Ext.P6 instructions, the

petitioner cannot seek or be granted refund of the fee paid by her. The

respondents contend that fee can be refunded only to those candidates who

got admission in Government colleges and in Government quota seats in

Government aided colleges. The respondents contend that as the petitioner

did not secure admission in a Government college or in a Government quota

seat in a Government aided college she is not entitled to refund of the fee

paid by her.

3. I have considered the submissions made at the Bar by learned

counsel appearing on either side. In my opinion, the stand taken by the

respondent is plainly untenable. The petitioner did not join the B.Tech

wpc:16419 of 2008
2

degree course in the Co-operative Academy of Professional Education.

for the reason that she secured admission in the Cochin University of

Science & Technology. The Cochin University of Science & Technology

is a University established by the State of Kerala under the Cochin

University of Science & Technology Act, 1971. The stand taken by the

respondents that the Cochin University of Science & Technology is not a

Government college, cannot therefore be sustained. The respondents

are therefore directed to refund to the petitioner the sum of

Rs.2,35,695/- after deducting the admission and processing fee as per

the rates prevailing in the academic year 2007-2008. Payment as above

directed shall be made within one month from today.

This Writ Petition is disposed of as above.

P.N.RAVINDRAN,
JUDGE

bps