Marian College Of Arts And Science vs State Of Kerala
2021 Latest Caselaw 5332 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                      WP(C).No.28882 OF 2019(I)


PETITIONERS:

      1        MARIAN COLLEGE OF ARTS AND SCIENCE,
               MENAMKULAM, KAZHAKUTTOM, THIRUVANANTHAPURAM
               REPRESENTED BY ITS MANAGER PIN-695 582.

      2        BIJI BENNY,
               BBA STUDENT, MARIAN COLLEGE OF ARTS AND SCIENCE
               MENAMKULAM, KAZHAKUTTOM, THIRUVANANTHAPURAM 695 582

      3        TINCY JERALD,
               BBA STUDENT, MARIAN COLLEGE OF ARTS AND SCIENCE
               MENAMKULAM, KAZHAKKUTTOM, THIRUVANANTHAPURAM 695 582

               BY ADVS.
               SMT.AYSHA YOUSEFF
               SMT.MOLLY JACOB
               SRI.JOBI.A.THAMPI
               SMT.ASHIFA YOUSEFF
               SMT.RABIA BEEGAM T.K.
               SMT.M.KABANI DINESH
               SRI.C.M.EBRAHIM
               SRI.SHOUKATH HUSAIN

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA,
               FISHERIES AND HARBOUR ENGINEERING DEPARTMENT
               SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001

      2        THE DIRECTOR OF FISHERIES,
               DIRECTORATE FOR FISHERIES, THIRUVANANTHAPURAM PIN 695
               033

      3        THE DEPUTY DIRECTOR
               FISHERIES DEPARTMENTS ZONAL OFFICE, KAMALESWARAM,
               THIRUVANANTHAPURAM PIN 691 001

      4        STATE OF KERALA,
 WP(C).No.28882 OF 2019(I)

                               2

             REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA,
             HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM PIN 695 001.

      5      STATE OF KERALA,
             REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
             THIRUVANANTHAPURAM PIN 695 001

             R1-5 BY ADV.SMT.VINITHA.B, GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28882 OF 2019(I)

                                   3




                              JUDGMENT

Dated this the 15th day of February 2021

Grievance of the petitioners is over the

denial of fisheries scholarship to petitioners

2 and 3 and similar students of 1st petitioner

college, extending the benefit of Ext. P7

order. The petitioners 2 and 3 joined the 1st

petitioner College (Marian College of Arts and

Science) which is managed by Latin Archdiocese

of Trivandrum. It is stated that the 1st

petitioner College started functioning in the

year, 2016. As per Ext.P1 order dated

29.11.2018 of Government renewed the No

Objection Certificate issued to 1st petitioner

college for conducting Self Financing courses.

One of the conditions in Ext.P1 renewal NOC

was that, the Educational Agency shall abide

by the procedure of admission in the College

as decided by Government from time to time.

It was further stipulated in clause 3 that the WP(C).No.28882 OF 2019(I)

Educational Agency shall set apart 50% of the

seats of the courses for being filled up by

Government or such authority determined by

Government on the basis of merit and

reservation principles followed by Government

and the remaining 50% filled up by Educational

Agency on the basis of merit.

2. Ext.P2 certificate would show that the

College offers three courses namely, B.A-

English Language and Literature, B.Com-

Computer Application & B.B.A with 40 seats

each. It is stated that the petitioners 2 and

3 got admission in the 1st petitioner College

on the basis of a centralized allotment

process undertaken by the University of Kerala

and they were allotted as per Ext.P3 list

issued by the University for admission to the

B.B.A course in the academic year 2017-18.

The Government has, as per Ext.P7 order dated

09.06.2014, issued guidelines for granting

various educational benefits to the students WP(C).No.28882 OF 2019(I)

who are sons/daughters of registered

Fishermen, who are studying in various

disciplines in various sets of Colleges. The

petitioners claimed that they are entitled to

the benefit conferred under Ext.P7

specifically provided in Clause D, whereby it

is ordered that the students who joined

professional courses in Private Self Financing

Colleges are also eligible for the benefit.

It is stated that the College as well as the

students had approached the Government

requesting for extending the benefit of the

said order submitting Exts.P13 and P14

representations. But the request was rejected

as per Ext.P16 letter of the Assistant

Director of Fisheries stating that the

benefits under Ext.P7 order are not admissible

to the students studying in Post Metric

courses in Private Un-aided Institutions. It

was stated that the 1st petitioner College is a

Private Un-aided Institution and therefore, WP(C).No.28882 OF 2019(I)

the students are not eligible for the

Fisheries Scholarship.

3. The learned counsel for the

petitioners asserts that B.B.A is one of the

professional course included in the appendix

to Ext.P7 and when the students in the Private

Self Financing Colleges are eligible for the

benefit of Fisheries Scholarship, Ext.P16

letter denying them the benefit is illegal.

4. The 2nd respondent has filed a

statement with contentions in tune with the

contents of Ext.P16 letter. According to the

2nd respondent, there is a specific provision

contained in clause IB(vii) of Ext.P7

Government Order, according to which, the

benefits under Ext.P7 are not admissible to

those students studying un-aided courses in

Private Un-aided Institutions. At the same

time, the professional courses in the appendix

are included in Clause B that is Post metric WP(C).No.28882 OF 2019(I)

education. The B.B.A course is also an un-

aided course conducted by an un-aided

institution. It is also pointed out that as

per Clause IC (iii) also, the students of Post

metric courses in Private un-aided

Institutions are not eligible for any of the

benefits.

5. Having heard the contentions on both

sides, it appears that Clause D provides for

benefits to the students of professional

courses in Private self financing

Institutions. B.B.A course is one of the

courses included in the appendix. At the same

time Clause B as well as C excludes the

students of Private Un-aided Institutions from

the purview of the benefits under Ext.P7. It

would appear that there is some conflict in

these provisions in Ext.P7 with respect to the

eligibility of the students studying in

Private Un-aided /Private Self Financing

Colleges. In one Clause, it says, it is WP(C).No.28882 OF 2019(I)

admissible to them and the other clause denies

benefits to such students. It is seen that

the petitioners got admission on merit, on

being allotted by the Universities in the

common allotment process. However, the 1st

petitioner College is a Private Self Financing

College which can be said to be a Private Un-

aided College also. The Government have

decided to give certain benefits to the

students. The petitioners 2 and 3 belongs to

that community, for the benefit of which,

Ext.P7 order has been issued. Whether the

petitioners should be denied the benefits

under Ext P7, on the ground that they are

studying in a Private Un-aided College and

whether there is any difference in private

self financing colleges and private unaided

colleges and whether the benefits admissible

to students undergoing professional course in

private self financing colleges are not

admissible to petitioners, when BBA is one WP(C).No.28882 OF 2019(I)

among the professional courses included in

the appendix to Ext. P7 order are all matters

to be examined by the Government.

Therefore, the writ petition is disposed

of with a direction to the 1st respondent to

consider and pass appropriate orders on

Ext.P14 representation after affording an

opportunity of hearing to the petitioners

within a period of three months from the date

of receipt of a copy of the judgment.

Sd/-

P.V.ASHA JUDGE WP(C).No.28882 OF 2019(I)

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 PHOTO COPY OF THE GOVENMENT ORDER G.O(MS) NO. 290/2018/H.EDN. DATED 29-11-2018 RENEWING THE NO OBJECTION CERTIFICATE FOR CONDUCTING THE SELF FINANCING COURSES IN THE MARIAN COLLEGE OF ARTS AND SCIENCE IN THE YEAR 2018-2019.

EXHIBIT P2 PHOTO COPY OF THE CERTIFICATE ISSUED BY REGISTRAR OF THE UNIVERSITY OF KERALA DATED 1-7-2019.

      EXHIBIT P3        PHOTO COPY OF THE LIST OF STUDENTS
                        ALLOTTED     TO     BBA     BUSINESS

ADMINISTRATION TO THE 1ST PETITIONER COLLEGE DATED 25-08-2017.

EXHIBIT P4 PHOTO COPY OF THE FINAL LIST OF STUDENTS ALLOTTED TO BA (ENGLISH) CENTRALIZED ALLOTMENT OF (OPEN MERIT) OF SEATS IN THE PETITIONER COLLEGE FOR THE ADMISSION.

EXHIBIT P5 PHOTO COPY OF THE FINAL LIST OF STUDENTS ALLOTTED TO BBA BUSINESS ADMINISTRATION IN CENTRALIZED ALLOTMENT FOR THE ACADEMIC YEAR 2018-2019.

EXHIBIT P6 PHOTO COPY OF THE FINAL LIST OF STUDENTS ALLOTTED TO B.COM COMPUTER APPLICATION IN CENTRALIZED ALLOTMENT SCHEME TO THE PETITIONER COLLEGE IN THE ACADEMIC YEAR 2018-2019.

EXHIBIT P7 PHOTO COPY OF THE GO(MS) NO.

47/14/F/PD DATED 9-6-2014.

EXHIBIT P8 PHOTO COPY OF THE LETTER DATED 6-1-

2017 REQUESTING TO TAKE NECESSARY STEPS TO INCLUDE THE PETITIONER INSTITUTION IN THE FISHERIES SCHOLARSHIP SCHEME OF GOVERNMENT OF KERALA AND TO PAY SCHOLARSHIP TO THE ELIGIBLE STUDENTS.

WP(C).No.28882 OF 2019(I)

EXHIBIT P9 PHOTO COPY OF THE LETTER DATED 16-1-

2017 FORWARDING THE LIST OF STUDENTS WHO GOT ADMISSION IN THE MERIT QUOTA IN THE ACADEMIC YEAR 2016 AND 2017 AND WHO ARE ELIGIBLE FOR SCHOLARSHIP.

EXHIBIT P10 PHOTO COPY OF THE LETTER NO.

FISHERIES SCHOLARSHIP/001/2016-17 DT 10-10-2017

EXHIBIT P11 PHOTO COPY OF THE REPRESENTATION DATED 17-10-2017.

EXHIBIT P12 PHOTO COPY OF THE RECEIPT DATED 31-

10-2017 ISSUED FROM THE OFFICE OF THE HON'BLE MINISTER FOR FISHERIES.

EXHIBIT P13 PHOTO COPY OF THE LETTER NO. PROT NO. 2018/AB/073 DATED 12-2-2018.

EXHIBIT P14 PHOTO COPY OF THE REPRESENTATION DATED 11-09-2018 SUBMITTED BY THE PRINCIPAL OF COLLEGE TO THE SECRETARY FISHERIES GOVT SECRETARIAT, TRIVANDRUM.

EXHIBIT P15 PHOTO COPY OF THE ACKNOWLKEDGEMENT CARD.

EXHIBIT P16 PHOTO COPY OF THE LETTER NO.

N2/16382/2018 DT 2-11-2018.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE