REV DR MATHEW MALEPARAMBIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The question that arises for consideration in this bunch of cases is whether the Government is justified in directing the private aided colleges to transfer the "unclaimed caution deposits" collected from the students to the Government treasury.

(2.) The writ appeal is filed by the principal of an aided private college at Pala, challenging the judgment of the learned single Judge up holding the above order issued by the Government. The learned Judge took the view that the appellant/management was not justified in retaining the unclaimed caution deposit and therefore the management was bound to transfer the same to the treasury account, especially since the Government is paying salary to the teaching and non teaching staff in the college. Since the same issue arises in the remaining original petitions also, they have been referred to the Division Bench to be heard along with the writ appeal. Therefore, these cases are being disposed of by this common judgment.

(3.) In the Government Order, (GO (MS) No.150/2001/H.Edn. Dated9.11.2001), it was ordered that unclaimed caution deposits lying in the PD accounts of the principals of the aided colleges shall be transferred to the treasury account The Director of Collegiate Education and Director of Technical Education were directed by the Government to issue necessary instructions to the principals of all private colleges in this regard. A copy of the said order is available on record in OP No.1774/03.