SCMS SCHOOL OF TECHNOLOGY AND MANAGEMENT Vs. ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES

JUDGEMENT

(1.) The writ petition is filed by a Self-Financing Management College, challenging Ext.P7 order of the Admission Supervisory Committee for Professional Colleges (hereinafter called 'the Committee'). By Ext.P7, the Committee had allowed the application filed by the second respondent and directed repayment of an amount of Rs.1,52,500/- collected towards tuition fees from the second respondent, on the second respondent being admitted to the Master of Business Administration Course for the year 2012. By Ext.P7, the Committee also dismissed the application filed by the petitioner, where under the petitioner had sought a direction to the second respondent to pay an amount of Rs.4,26,000/- with interest due, towards the balance tuition fee of the MBA programme and for a further direction that the petitioner need return the certificates of the second respondent only after the balance amount is paid.

(2.) The second respondent, after successful completion of his B.Com Degree course and obtaining a pass in the Management Aptitude Test (MAT) conducted by the Management Association, had obtained admission for MBA Course in the petitioner Institution in the academic year 2012- 13. At the time of admission, the second respondent remitted an amount of Rs.1,52,500/- and also submitted his original certificates with the petitioner. On completion of the admission formalities, the second respondent was enrolled as a student and was directed to report at the institute on 6.6.2012 to attend classes. While so, the second respondent got admission for MBA at the Cochin University of Science and Technology (CUSAT) under merit quota. Thereupon, the second respondent opted to join for MBA at CUSAT and submitted an application on 29.7.2012, requesting the petitioner to return his original certificates and to refund the fees remitted by him. The petitioner turned down the request on the ground that a student who discontinues studies after commencement of classes and closure of admissions, is bound to pay the entire tuition fee of the programme towards liquidated damages. It was pointed out that the petitioner had closed admissions on 4.6.2012 and had commenced classes from 6.6.2012 and that the second respondent had been attending classes for the past two months. Aggrieved by the refusal to return his certificates, the second respondent approached the Committee. Later, the petitioner also filed an application before the Committee claiming fees for the entire duration of the MBA course from the second respondent.

(3.) Before the Committee, the second respondent contended that the petitioner is affiliated to the M.G.University and follows the M.G. University admission calender, as per which the date for closing of admissions to MBA courses for the academic year 2012-13 in the colleges affiliated to the University was fixed as 31.10.2012. That, the second respondent having submitted his request for return of his certificates on 29.7.2012, which was well within the date fixed for closure of admissions, the petitioner was bound to return the certificates and refund the entire fees remitted by him.