Kerala High Court
Abdul Suber M vs State Of Kerala on 13 December, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 13TH DAY OF DECEMBER 2021/22ND AGRAHAYANA, 1943
WP(C) NO. 28402 OF 2021
PETITIONER:
ABDUL SUBER M., AGED 49,
S/O.MUHHAMMED ALI, SUNIL BHAVAN,
VENCHEMPU (P.O.), PUNALUR,
KOLLAM - 691 333.
BY ADVS.
G.BIJU
S.JAYAPRAKASH (MADAVOOR)
V.A.VINOD
AMBADI MURALI
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY
SECRETARY TO GOVERNMENT, DEPARTMENT OF
SCHEDULED CASTE DEVELOPMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR, SCHEDULED CASTE
DEVELOPMENT DIRECTORATE,
THIRUVANANTHAPURAM - 695 003.
3 DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER,
DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICE,
KOLLAM - 691 013.
4 THE DIRECTOR,
VIGILANCE AND ANTI-CORRUPTION BUREAU,
VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 023.
5 THE MANAGER, THE FEDERAL BANK LTD.,
KOKKADU BRANCH, (VIA) VETTIKKAVALA,
KOLLAM DISTRICT - 691 538.
R1-R4 SMT.VINITHA B., SR.G.P.
R5 - SRI.LEO GEORGE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.12.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.28402/2021
2
JUDGMENT
Dated this the 13th day of December, 2021
The petitioner, who is Proprietor of an authorised
Computer Education Centre, has filed this writ petition
seeking to command respondents 1 to 5 not to insist further
renewal of Bank Guarantee for the amount disbursed as per
Ext.P14 and to declare that the petitioner is entitled to
similar treatment with that of the petitioners in Exts.P15 and
P16 judgments and not to insist on further renewal of Bank
Guarantee from time to time.
2. The petitioner's institution was selected for
implementation of the Scheme of Central Government for
imparting job oriented Computer Training to Scheduled
Caste candidates under Special Central Assistance (SCA)
to Special Component Plan (SCP) during 2002-03. As per
the Scheme, 75% of the course fee is to be paid at the time
WP(C)No.28402/2021
of sanctioning order and the balance 25% will be disbursed
after satisfactory completion of the course.
3. Even though the petitioner-institution
successfully completed the course, the balance course fee
was not paid stating that a Vigilance enquiry is pending.
The petitioner would submit that the Vigilance enquiry has
not been completed so far and on that ground, the amount
due to the petitioner was not paid from the year 2006
onwards. In similar circumstances, this Court granted relief
to similarly situated persons, as per Exts.P15 and P16
judgments. The petitioner may also be extended the same
benefit.
4. I have heard the learned counsel for the
petitioner and the learned Government Pleader
representing the respondents.
5. A perusal of Exts.P15 and P16 judgments of this
Court would show that the petitioners therein were similarly
WP(C)No.28402/2021
situated and this Court directed the respondents not to
insist further renewal of Bank Guarantee for the amount
ordered to be disbursed to the petitioners therein.
As the petitioner is similarly situated, the writ petition is
disposed of directing the respondents that they shall not
insist further renewal of Bank Guarantee ordered to be
disbursed to the petitioner. However, the respondents are
free to obtain from the petitioner a simple bond before
releasing Bank Guarantee.
Sd/-
N. NAGARESH
JUDGE
ncd/13.12.2021
WP(C)No.28402/2021
APPENDIX OF WP(C) 28402/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT ACCORDING SANCTION TO
CONDUCT PGDCA COURSE FOR 23 STUDENTS.
Exhibit P2 TRUE COPY OF THE ORDER DATED
16/11/2002 OF THE 2ND RESPONDENT
ACCORDING SANCTION TO CONDUCT
D.C.A.COURSE FOR 52 STUDENTS.
Exhibit P3 TRUE COPY OF THE ORDER DATED
16/11/2002 OF THE 2ND RESPONDENT
ACCORDING SANCTION TO CONDUCT MS
(OFF)/DTP COURSE FOR 120 STUDENTS.
Exhibit P4 TRUE COPY OF THE ORDER DATED
20/02/2003 OF THE 2ND RESPONDENT
ACCORDING SANCTION TO CONDUCT
INTERNET & WEB-DESIGNING COURSE FOR
40 STUDENTS.
Exhibit P5 TRUE COPY OF THE ORDER DATED
22/02/2003 OF THE 2ND RESPONDENT
ACCORDING SANCTION TO CONDUCT
INTERNET & WEB-DESIGNING COURSE FOR
40 STUDENTS.
Exhibit P6 TRUE COPY OF THE ORDER DATED
24/02/2003 OF THE 2ND RESPONDENT
ACCORDING SANCTION TO CONDUCT
INTERNET & WEB-DESIGNING COURSE FOR
40 STUDENTS.
Exhibit P7 TRUE COPY OF THE ORDER DATED
26/02/2003 OF THE 2ND RESPONDENT
ACCORDING SANCTION TO CONDUCT
INTERNET & WE-DESIGNING COURSE FOR 40
STUDENTS.
Exhibit P8 TRUE COPY OF THE ORDER DATED
20/02/2003 OF THE 2ND RESPONDENT
ACCORDING SANCTION TO CONDUCT
COMPUTER HARDWARE COURSE FOR 55
STUDENTS.
Exhibit P9 TRUE COPY OF THE ORDER DATED
WP(C)No.28402/2021
24/02/2003 OF THE 2ND RESPONDENT
ACCORDING SANCTION TO CONDUCT
COMPUTER HARDWARE COURSE FOR 55
STUDENTS.
Exhibit P10 TRUE COPY OF THE ORDER DATED
26/02/2003 OF THE 2ND RESPONDENT
ACCORDING TO CONDUCT COMPUTER
HARDWARE COURSE FOR 55 STUDENTS.
Exhibit P11 TRUE COPY OF THE ORDER DATED
28/02/2003 OF THE 2ND RESPONDENT
ACCORDING SANCTION TO CONDUCT
COMPUTER HARDWARE COURSE FOR 55
STUDENTS.
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED
18/03/2010 IN WP(C) NO.4503/2006 OF
THIS HON'BLE COURT.
Exhibit P13 TRUE COPY OF THE ORDER DATED
14/09/2010 PASSED BY THIS HON'BLE
COURT IN I.A.NO.10232/2010 IN WP(C)
NO.4503/2006.
Exhibit P14 TRUE COPY OF THE G.O.(RT)
NO.1052/10/SCSTDD DATED 26/10/2010
ISSUED BY THE 1ST RESPONDENT.
Exhibit P15 TRUE COPY OF THE JUDGMENT DATED
17/12/2019 IN WP(C) NO.34620/2011 OF
THIS HON'BLE COURT.
Exhibit P16 TRUE COPY OF THE JUDGMENT DATED
10/11/2021 IN WP(C) NO.8511/2021 OF
THIS HON'BLE COURT.
Exhibit P17 TRUE COPY OF THE COMMUNICATION
REGARDING RENEWAL OF THE BANK
GUARANTEE SENT BY 5TH RESPONDENT TO
THE 2ND RESPONDENT DATED 15/12/2020.
