In Lalitha R Nath and others v. Kannur Medical College and others, The bench directed this:
I. Kannur Medical College deposits INR 15,72,89,020 / – with the Admissions Oversight Board for Kerala Vocational Colleges, along with full details of the guardians / students to whom the amounts are to be paid, their addresses and bank accounts, in a delay of one month after the judgment. Upon deposit of the amounts, the ASC would disburse and make the payments to the tutors / students.
ii. The ASC will send a notice to the remaining 92 students, from which it will consider any objections or claims made by the tutors / students as to the actual amount paid by them based on the material placed by the tutors / students and the college. The ASC will make the appropriate orders that the injured party can challenge in the High Court.
iii. KMC would make a deposit of INR 25 crore with the ASC, which deposit would be converted into multiple fixed deposit receipts as the ASC may deem appropriate. These accounts would be held in KMC’s name but operated by ASC.
iv. The ASC would disburse and make payments to guardians / students on the basis of orders made by it or on the basis of orders made by the High Court in the event that a motion in brief is filed to challenge the order made by the ASC concerning quantification and reimbursement. .
v. Orders placed by ASC would state that payments in terms of said order would be made within 45 days of the order being placed and that any party, whether the student / tutor or KMC, would have the right to dispute the order. order in the High Court. The High Court would be entitled to a direct refund / payment.
vi. KMC would be entitled to claim membership and admit students only after depositing INR 15,72,89,020 / – and INR 25 crores, in addition to fulfilling all other legal requirements.
vii. The whole process must be completed within 6 months.
[Key Words: medical college admission, admission fee refund, Kerala] [Coram: S Abdul Nazeer, J., Sanjiv Khanna, J.]