IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 4359 OF 2022
PETITIONERS:
1 SARATH M.K
AGED 34 YEARS
S/O. M.K.KUMARAN, MELAKUNNEAL HOUSE, CHELACHUVADU P.O.,
IDUKKI, PIN-685606.
2 JAYACHANDRAN U.A.,
AGED 56 YEARS
S/O. AYYAPPAN, GOVINDAM, XII/377A, KTRA 50, KUREEKKADU, PIN-
682305.
BY ADVS.
T.KABIL CHANDRAN
R.ANJALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, SCHEDULED CASTE AND
SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, KERALA STATE,
THIRUVANANTHAPURAM, PIN-695001.
2 THE DIRECTOR,
SCHEDULED CASTE AND SCHEDULED TRIBE DEVELOPMENT DEPARTMENT,
KERALA STATE, THIRUVANANTHAPURAM,
PIN-695033.
3 THE DISTRICT OFFICER,
SCHEDULED CASTE AND SCHEDULED TRIBE DEVELOPMENT DEPARTMENT,
COLLECTORATE BUILDING, KAKKANADU, PIN-682030.
4 KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES,
REPRESENTED BY THE REGISTRAR, PANANGADU, KOCHI, PIN-682506.
BY ADV SHRI.N.SATHEESH, SC, KERALA UNIVERSITY OF FISHERIES OF
OCEAN STUDIES KUFOS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.P.(C)No. 4359 of 2022.
JUDGMENT
Dated this the 6th day of July, 2022. The petitioners say that they are members of Scheduled Caste/Scheduled Tribe Communities and have successfully completed the L.L.M Maritime Course from the 4th respondent Kerala University for Fisheries and Ocean Studies ("University" for short). They say that, however, their Mark Lists, Conduct Certificates and Transfer Certificates are being withheld by the University on the ground that they have not paid the tuition fee, which, according to them is not liable to be remitted by them because they are members of the SC/ST communities.
3W.P.(C)No. 4359 of 2022.
2. The petitioners thus pray that University be directed to issue to them all the afore certificates within a time frame to be fixed by this Court.
3. The contentions as above of the petitioners, made by their learned counsel - Sri.Kabil Chandran T., were answered by Sri.N.Satheesh - learned Standing Counsel for the University, saying that Exts.P3 and P4 orders issued by the Assistant District Officer for SC/ST Development Department and the Principal Secretary to the Government respectively, would render it indubitable that a person who studies a part - time course, or who avails Leave Without Allowances for the purpose of higher studies - be that a member of the SC/ST community or otherwise - would not be entitled to any benefits of fee concession or reduction of fees. He 4 W.P.(C)No. 4359 of 2022.
submitted that, therefore, unless the petitioners remit the fees, they cannot be allowed to obtain the Transfer Certificate or other certificates, since it would enable them to walk away without any consequences. He added that, in this case, the 1st petitioner is a Civil Police Officer; while the 2nd one is the Divisional Manager of the LIC and therefore, that they cannot be permitted to act contrary to the Exts.P3 and P4 orders.
4. Smt.Latha Thankappan - learned Special Government Pleader, submitted that Exts.P3 and P4 orders govern all the aspects relating to payment of fees by all Government Servants - without distinction as to their status - and that the petitioners - who are admittedly Government employees - cannot be given any benefit as claimed by them.
5W.P.(C)No. 4359 of 2022.
5. In reply, Sri.Kabil Chandran T., submitted that Exts.P3 and P4 only relate to those Government employees belonging to SC/ST communities who have availed Leave Without Allowances for the purpose of higher education. He submitted that since his clients have not availed of any such leave, but are continuing in service, simultaneously pursuing education on a part - time basis, they are entitled to fee concession, as are applicable.
6. I must say that the afore submissions of Sri.Kabil Chandran T. cannot appeal to this Court because, Ext.P3 renders it indubitable that a member of the SC/ST communities, who is an employee of the Government, would not be entitled to obtain fee concession or exemption from it, for higher education, 6 W.P.(C)No. 4359 of 2022.
whether the course is a part - time or whether it is being pursued after obtaining Leave Without Allowances. This has been reiterated in Ext.P4 by the Government, which makes it additionally clear that members of SC/ST are also not entitled to any such fee concession as an exemption. Pertinently, the petitioners do not assail these orders, but are verifying on them.
7. It is, therefore, luculent that petitioners cannot seek any relief as has been sought for in this writ petition, hinged on Exts.P3 or P4 orders.
8. However, the further question remains is if the University can withhold the Transfer and other relevant certificates of a student who refuses to remit the applicable fees. Sri.N.Satheesh concedes, to a pointed from this Court, that there is no specific Regulation or 7 W.P.(C)No. 4359 of 2022.
Provision allowing the University to do so, but argued that unless this is done, the petitioners will walk away without remitting the fees.
9. Taking note of the fact that petitioners are Government Servants, holding responsible posts, I am certain that they must also act in equity when they seek equity.
In the afore circumstances, I order this writ petition with the following directions:
(a) The petitioners will remit the applicable fees to the 4th respondent within a period of three weeks from the date of receipt of a copy of this judgment.
(b) The University will, whether they receive the fees or otherwise in terms of the afore directions, release the Transfer Certificates, as also the educational and 8 W.P.(C)No. 4359 of 2022.
other certificates, to the petitioners within a period of two weeks from the date of receipt of a copy of this judgment.
(c) In the event the petitioners do not comply with the directions in (a), the University will have full liberty to initiate any appropriate action against them for recovery of the fees, including by approaching their employer for such purpose; and all their liberties in such regard are left open.
Sd/-
DEVAN RAMACHANDRAN JUDGE Raj/06.07.2022.
9W.P.(C)No. 4359 of 2022.
APPENDIX OF WP(C) 4359/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTIFICATION NO.EXAM3/6068/2019(ii) ISSUED BY THE 4TH RESPONDENT UNIVERSITY CONTAINING THE PERCENTAGE OF MARKS OBTAINED BY THE PETITIONERS.
Exhibit P2 A TRUE COPY OF THE NOTICE DATED 21.10.2021 ISSUED BY THE 4TH RESPONDENT UNIVERSITY. Exhibit P3 A TRUE COPY OF THE COMMUNICATION DATED 8.11.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS.
Exhibit P4 A TRUE COPY OF THE LETTER DATED 31.7.2017 ISSUED BY THE PRINCIPLE SECRETARY TO 2ND RESPONDENT.
Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 22.4.2015 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.
Exhibit P6 A TRUE COPY OF THE QUESTIONS SUBMITTED BY THE 1ST PETITIONER UNDER THE RIGHT TO INFORMATION ACT.
Exhibit P7 A TRUE COPY OF THE ANSWERS FURNISHED BY THE 3RD RESPONDENT UNDER THE RIGHT TO INFORMATION ACT DATED 18.1.2022.
Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED 30.11.2021.