SHEENA K OOMMEN Vs. PRINCIPAL

JUDGEMENT

(1.) Petitioners in W.P.(C). No. 24459 of 2005 could not succeed in contending that the liquidated damages of Rs. one lakh each, levied from them by the Government, required to be refunded, since the learned single Judge took a view that their claims were not sustainable as admissible by Clause 12.2.1 of the prospectus, which had been issued by the Government, for admission to Professional Degree Courses for the year 2004. The learned single Judge found that Clause 12.2.6 were to govern their cases and the damages were rightly claimed and required to be paid. Aggrieved by the judgment dated 12-01-2006, the present appeal has been filed. They are undergoing the M.B.B.S.Course in the Co-operative Medical College, Kochi, now.

(2.) The appellants contend that as a condition for issue of the Transfer Certificate such payment had been insisted upon and against their will and overlooking the law and equity, such payment was received by Government and this is to be declared as unauthorised. The representations requesting for a review were rejected in the following terms:

(3.) On behalf of the appellants, Smt.R.Ranjanie counsel submits that the learned single Judge had failed to go deeper into the question and the excuse supplied by the respondents have been accepted without any serious consideration.