Kvm College Of Science And Technology vs. Cochin University Of Science And Technology - Cusat
Held
The Court held that the University is empowered to fix 'Recognition Fee' and is not required to justify it with mathematical precision. However, considering the petitioner's financial hardship and the impact of the COVID-19 pandemic, the Court directed the University to allow the petitioner to remit the outstanding fees in 10 equal monthly installments, starting from 01.08.2022, and to release all student certificates immediately.
Facts
A private educational institution, recognized by CUSAT, failed to pay 'Recognition Fee' for the academic years 2019-20, 2020-21, and 2021-22 due to financial difficulties and a drastic fall in student admissions, particularly during the COVID-19 pandemic. The University demanded the fees and initially withheld student results, prompting the institution to seek a waiver or reduction of the fees and release of student certificates.
Key Issues
The key issues were whether the University's demand for 'Recognition Fee' was justified, especially given the petitioner's financial distress and low student intake during the pandemic, and whether the University could withhold student results for non-payment of these fees.
Sections Cited
Section 18(ii) of the Cochin University of Science and Technology Act, 1986
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 19TH DAY OF JULY 2022 / 28TH ASHADHA, 1944 WP(C) NO. 18712 OF 2022 PETITIONER: KVM COLLEGE OF SCIENCE AND TECHNOLOGY KOKKOTHAMANGALAM P.O., CHERTHALA, ALAPPUZHA-688 527, REPRESENTED BY ITS DIRECTOR DR. V. V. PYARELAL. BY ADVS. BABU KARUKAPADATH M.A.VAHEEDA BABU P.U.VINOD KUMAR ARYA RAGHUNATH VAISAKHI V. KARUKAPADATH WAZIM BABU AISWARYA ANN JACOB AJWIN P LALSON P.LAKSHMI AYSHA E.M. T.M.MUHAMMED MUSTHAQ MOHAMMED JAMAL B. RESPONDENTS: 1 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY - CUSAT COCHIN UNIVERSITY P.O, KOCHI-682 022, REPRESENTED BY ITS VICE CHANCELLOR. 2 THE VICE CHANCELLOR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O, KOCHI-682 022, 3 THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O, KOCHI-682 022. BY ADV SHRI.S.P.ARAVINDAKSHAN PILLAY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18712 OF 2022 2 J U D G M E N T The petitioner is a Private Educational Institution, recognized by the 1st respondent – Cochin University of Scie
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