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
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W.P.(C) NO: 16419 of 2008
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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