NAMBOOTHIRI TRUST, MOOKAMBIKA TECHNICAL CAMPUS, SCHOOL OF ARCHITECTURE, MUVATTUPUZHA, REPRESENTED BY ITS GENERAL SECRETARY, N. SIVADAS Vs. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, HIGHER EDUCATION (G) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695001

JUDGEMENT

(1.) In Perspective:

(2.) The petitioner, a Trust, runs a self-financing institution-a School of Architecture, which is a member of Architecture College Management Association ('the Association'). The third respondent ('the Student') joined the college on 17.7.2013 in one of the 50% seats under government quota. In the second year, she applied and obtained an inter-college transfer and joined another college at some other place. She was, in this bargain, compelled to pay to the college Rs. 2,85,000.00 as liquidated damages--the aggregate fee of all the remaining years.

(3.) As the Student had been compelled to pay the liquidated damages, she complained to the second respondent, the Admission Supervisory Committee for Professional Colleges in Kerala ('the Committee'). After considering the college's objections, the Committee passed Ext.P4 order directing the college to refund the amount to the Student. Assailing Ext.P4 order of refund, the College filed this writ petition. Regulatory Regime: