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Judgment
The petitioner has approached this Court seeking to direct the respondents to release the original marklists of Class X and XII of the petitioner along
with the originals of Migration certificate, Transfer Certificate and Fitness Certificate and ₹1 lakh collected by the 1st respondent towards admission
fee.
When this writ petition came up on 01.11.2019, this Court passed an interim order directing respondents 2 and 3 to release to the petitioner the
originals of her marklists as also Migration Certificate, Transfer Certificate and Fitness Certificate, on her furnishing a Bank Guarantee of ₹4 lakhs.
The counsel for the petitioner submits that pursuant to the interim order, a Bank Guarantee has been given by the petitioner and the original
documents sought for by the petitioner has been returned by the College.
The learned counsel for the petitioner would urge that the petitioner wanted to discontinue the course and intimated her desire to the 1st respondent
on 12.09.2019 as per Ext.P3 e-mail. Subsequent representations were also made. The admission process was closed on 15.09.2019 as evidenced from
Ext.P6. As the petitioner had expressed her desire to leave the course before closure of the admission, liquidated damages cannot be realised from the
petitioner.
The statement filed by the Government would show that the Government could download Ext.P3 e-mail communication only after 15.09.2019, after
the closure of the admission. The learned Government Pleader wold submit that ₹1 lakh collected by the 1st respondent towards admission fee has
already been remitted back to the College on 22.10.2019.
The issue involved in this writ petition is whether the petitioner has sought to leave the Course before the closure of the admission process. Even if
the petitioner contends that she has sent e-mail much prior to the closure of the admission, the statement filed by the 1st respondent would reveal that
the e-mail sent by the petitioner could be downloaded only on 16.09.2019. This is a disputed question of fact which this Court cannot entertain in a
proceeding under Article 226 of the Constitution of India.
The petitioner has an effective remedy for the redressal of her grievance through the Admission Fee Regulatory Committee.
In such circumstances, the writ petition is disposed of permitting the petitioner to approach the Admission Fee Regulatory Committee for agitating her
grievance with appropriate application, within a period of three weeks. To enable the petitioner to approach the Admission Fee Regulatory Committee
and in the interest of justice, the interim order passed by this Court on 20.01.2021 will continue to enure to the benefit of the petitioner for a period of
four weeks.