PRINCIPAL JAWAHARLAL COLLEGE OF ENGINEERING AND TECHNOLOGY Vs. CHAIRMAN ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES OF KERALA

JUDGEMENT

(1.) The petitioner challenges Ext.P11, an order passed by the Admission Supervisory Committee in an application filed by the 2nd respondent herein, cancelling the bond executed by the 2nd respondent. The bond was for payment of liquidated damages. The short facts of the case are as under:

(2.) During the pendency of the complaint, the documents were returned, on the candidate executing a bond for payment of the liquidated damages as demanded by the educational agency. While finally considering the matter, the committee observed that the college was not entitled to recover the tuition fee for the subsequent years which he did not attend and therefore, the complainant cannot be compelled to pay the liquidated damages.

(3.) Learned counsel for the petitioner/ college would contend that when there is a specific provision in the prospectus based on an agreement with the Government which clearly indicates payment of liquidated damages, it was not open for the committee to have taken a different view. On the other hand, the learned counsel appearing for the 2nd respondent would submit that AICTE had framed a regulation as per notification dated 30.11.2016, which clearly provides that even if the course is discontinued after admission, the institution is not entitled to demand fee for subsequent years from the students, while cancelling their admission at any point of time. Reference is made to clause 10.10 which reads as under: