PRINCIPAL, KANNUR MEDICAL COLLEGE Vs. ADMISSION SUPERVISORY COMMITTEE

JUDGEMENT

(1.) The petitioner college challenges Ext.P13 order dated 17/4/2019 by which the Committee directed payment of Rs.20 lakhs as compensation to the student. In fact, this is a case in which the student had paid only Rs.11.65 lakhs. That is the tuition fee and hostel fee. No other amount was paid. The above matter was considered by the Committee based on the directions issued by the Apex Court in S.L.P (C) No. 23225/2018 and connected cases. Having noticed that the student was returned with Rs.11.65 lakhs and that too by way of settlement before an Adalath, the Committee further proceeded to pass a direction based on judgment in the case of Riya George v. Kannur Medical College and Others (2019 (3) SCALE 662). In fact, in Riya George (supra), though the Apex Court observed that a student is entitled for compensation for the wrong done to it, at paragraphs 27 and 28, it is recorded as under:-

(2.) We have heard Sri.George Poonthottam, learned Senior Counsel and Smt.Nisha George for the petitioner, Smt.Mary Benjamin, learned Standing Counsel for the 1st respondent and Sri.M.R.Sasith learned counsel appearing for the 2nd respondent.

(3.) In the light of the aforesaid principle, we are of the view that there was no justification on the part of the Committee to have directed payment of further amount of Rs.20 lakhs as compensation. The Committee though having referred to Riya George (supra) did not take note of the fact that even in the said case, the Apex Court had directed the Committee to formulate orders based on its orders dated 29/8/2018 and 4/10/2018. Therefore the law laid down in Riya George (supra) has been misconstrued by the Committee and has directed payment of compensation of Rs.20 lakhs when no amount was received by the college in excess of the fee i.e., tuition fee and hostel fee. Since the said amount had already been refunded, the Committee was not justified in directing payment of compensation.