MAR BASELIOS DENTAL COLLEGE Vs. ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES REPRESENTED BY ITS MEMBER SECRETARY, TRIVANDRUM

JUDGEMENT

(1.) The petitioner, a private Self Financing Dental College, has filed the writ petition, aggrieved by Exhibit P8 order of the Admission Supervisory Committee for Professional Colleges in Kerala ('the Committee' for brevity). The short facts leading to the issuance of Exhibit P8 are as follows:

(2.) The 2nd respondent's daughter Ms.Jismol Wilson was admitted for B.D.S course in the petitioner College on 14.9.2015 under Government quota. Later, she got admission for MBBS at the Amala Institute of Medical Sciences, through a spot allotment conducted by the management of that College on 25.9.2015. On 28.9.2015, the 2nd respondent remitted Rs.10,00,000/- at the College towards liquidated damages for discontinuing the course after admission and collected the T.C and original certificates of his daughter submitted at the time of admission. Two months later, the 2 nd respondent submitted Exhibit P4 complaint before the Committee seeking refund of the amount of Rs.10,00,000/- remitted towards liquidated damages and Rs,1,72,913/- remitted in the account of CEE towards the tuition fee for the first year and other incidental fees. On receipt of notice from the Committee, the petitioner submitted Exhibit P6 and P7 objections. According to the petitioner, without considering the objections, the Committee proceeded to issue Exhibit P8 order directing the College to refund the amount of Rs.10,00,000/- within 45 days from the date of receipt of the order, failing which the amount was to be repaid with interest at the rate of 9% per annum with effect from 28.9.2015.

(3.) The legality of Exhibit P8 is assailed on various grounds including the competence of the Committee to direct refund of liquidated damages remitted voluntarily. Reliance is placed on Exhibits P1, P2 and P3, to contend that the College was well within its authority to demand liquidated damages from the daughter of the 2nd respondent. Exhibit P1 is a consensual agreement entered into between the Government of Kerala and the All Kerala Self Financing Dental College Management Consortium, of which the petitioner is a member. Clause 10 of Exhibit P1 agreement, which is contextually relevant reads as follows: