P G BHASKARAN PILLAI Vs. COMMISSIONER FOR ENTRANCE

JUDGEMENT

(1.) W.P.(C)No.4946/2007 is filed by the Principal of a Self Financing College. The 3rd respondent got admission to that College during the year 2001-2002 for B.Tech course in Computer Engineering in a payment quota seat. The 3rd respondent paid Rs.1 lakh towards interest free deposit and Rs.50,000/- towards tuition fee for the first year, as per Ext.P2 prospectus issued by the Commissioner of Entrance Examinations of the Government of Kerala. The 3rd respondent left the College after studying for one year to join another College. The petitioner, therefore, invoked clause 13.1.5 of Ext.P2 prospectus which permits the College to realise tuition fees for all the years. The 3rd respondent filed O.P.No.16636/2002 and obtained Ext.P3 interim order for issue of transfer certificate to him on the 3rd respondent providing a bank guarantee for the amount equal to the fees payable by him for the remaining years, less Rs.1 lakh. Pursuant thereto, the 3rd respondent provided Ext.P4 bank guarantee for an amount of Rs.50,000/-. Ultimately, by Ext.P5 judgment, O.P.No.16636/2002 itself was disposed of in terms of the above interim order. The petitioner has now filed this writ petition seeking the following reliefs:

(2.) I have heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the 3rd respondent. The only question to be decided in this case is as to whether the 3rd respondent is liable to pay the tuition fee for the balance three years. Clause 13.1.5. of Ext.P2 reads thus: