Kerala High Court
Aarathi A.R vs State Of Kerala on 16 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942
WP(C).No.12340 OF 2020(N)
PETITIONERS:
1 AARATHI A.R.,
AGED 21 YEARS
D/O ANTONY, VALIYAVILA VEEDU, R.C STREET,
AMARAVILA P.O., THIRUVANANTHAPURAM
2 AKHILA S,
AGED 23 YEARS,
D/O SASIKUMAR, NEDIYAVILA VEEDU,
MANANAKKU, PERUMKULAM P.O., ATTINGAL,
THIRUVANANTHAPURAM
3 ANJANA D.R.
AGED 23 YEARS,
D/O REMANAN, ARUNIMA, OORUPOIKA P.O.,
MANAGATTUMOOLA, ATTINGAL, THIRUVANANTHAPURAM
4 NIBIN SABU,
AGED 22 YEARS
S/O K.SABU, KAVIL VEEDU, AMBOORI,
AMBOORI P.O., THIRUVANANTHAPURAM.
5 AROMAL.V,
AGED 23 YEARS,
S/O VASANTHA KUMAR, ROSARICE,
THEKKEVILA P.O., KOLLAM.
6 NISHAL NOUSHAD T.B,
AGED 22 YEARS,
S/O NOUSHAD T.B., NASEERAS,
ERIPURAM, CHENGAL,
PAYANGADI P.O., KANNUR.
7 SIVAPRASAD.M,
AGED 23 YEARS,
S/O MADHUSOODANAN.S, 12/349,
KAIPALLIL THEKKETHIL, CHEPPAD.
WP(C) No.12340/2020
:2 :
8 VINILA ANIL,
AGED 22 YEARS,
D/O ANIL C.V, ULLARA HOUSE, PADMA
VADAKKEPURAM, PADMA, KASARAGOD.
9 AKASH S,
AGED 23 YEARS,
S/O G.SATHIKUMAR, TC 17/406,
PRASANNA NIVAS, POOJAPPURA,
THIRUVANANTHAPURAM.
10 SREEKUTTY M.T.,
AGED 23 YEARS,
D/O MOHANDAS V, SREENILAYAM, AYILOOR,
PERUMKADAVILA P.O., THIRUVANANTHAPURAM.
11 ANJANA S.KUMAR,
AGED 23 YEARS,
D/O SURESHKUMAR V, TC 52/762,
ANJANA BHAVAN, POOZHIKUNNU P.O.,
THIRUVANANTHAPURAM.
12 RAJEEV K.J,
S/O JEEVARAJAN K, 9/111, KALLARAMKETTIL,
MEENANGADI, KARACHAL, WAYANAD.
13 AKSHAY K SHIBU,
TC 24/53, PONKULAM, THYCAUD,
THIRUVANANTHAPURAM.
14 NITHIN WILSON W.C.
AGED 22 YEARS
S/O WILSON K, W.C.BHAVAN, THATHIYOOR,
MANCHAVILAKOM P.O., THIRUVANANTHAPURAM.
15 ANANTHU KRISHNA A.S,
AGED 23 YEARS,
S/O ANILKUMAR K, GOPIKA NIVAS,
MANCHAVILAKOM P.O., THIRUVANANTHAPURAM.
16 AKSHAYA ASHOK,
AGED 23 YEARS,
D/O ASOKAN K.K., 9/95, KANDAPPAMKUNDIL,
CHOMBALA P.O., KOZHIKODE, PIN-673308.
WP(C) No.12340/2020
:3 :
17 ANAND G.S,
AGED 23 YEARS,
S/O SHYAMLAL S.S, KRISHNA BHAVAN,
VENPALAVATTOM,
ANAYARA, THIRUVANANTHAPURAM.
18 RAVI KRISHNAN. K,
AGED 22 YEARS,
S/O J.KRISHNAKUMAR, SUNVIEW VILLA,
I.A PEYAD, THIRUVANANTHAPURAM.
BY ADVS.
SRI.V.R.GOPU
SHRI.J.NARAYANA PILLAI
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, STATUE,
THIRUVANANTHAPURAM-695 001.
2 THE PRINCIPAL SECRETARY TO TOURISM DEPARTMENT,
GOVERNMENT SECRETARIAT, STATUE,
THIRUVANANTHAPURAM-695 001.
3 THE PRINCIPAL SECRETARY TO BACKWARD CLASS,
DEVELOPMENT DEPARTMENT,
GOVERNMENT SECRETARIAT, STATUE,
THIRUVANANTHAPURAM-695 001.
4 THE PRINCIPAL SECRETARY TO SC DEVELOPMENT
DEPARTMENT,
GOVERNMENT SECRETARIAT, STATUE,
THIRUVANANTHAPURAM-695 001.
5 KERALA INSTITUTE OF TOURISM AND TRAVEL STUDIES
(KITTS),
REPRESENTED BY ITS DIRECTOR,
RESIDENCY COMPOUND, THYCAUD P.O.,
THIRUVANANTHAPURAM, KERALA, PIN-695 001.
SPL. GOVERNMENT PLEADER(SC/ST)
SRI M.K. ROBIN RAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.12340/2020
:4 :
JUDGMENT
~~~~~~~~~
Dated this the 16th day of February, 2021
The petitioners, who are MBA (Travel and Tourism)
students in the 5th respondent-Kerala Institute of Tourism and
Travel Studies (KITTS), are before this Court aggrieved by the
action of the respondents in denying E-Grant Scholarship to
the petitioners.
2. The petitioners state that they belong to OBC
category. The petitioners are coming from backward classes
and are not capable of payment of huge semester fees levied
by the 5th respondent. The respondents were extending
E-Grant Scholarship to students belonging to OBC categories.
On an expectation that the petitioners who belonging to OBC
also would receive such E-Grant Scholarship, the petitioners
jointed MBA (Travel and Tourism) Course conducted by the 5 th
WP(C) No.12340/2020
respondent-Institute. Four students belonging to OBC had
received E-Grants for the MBA (Travel and Tourism) Course
during the year 2018-2020.
3. On 11.07.2019, the Principal of the 5 th respondent-
Institution issued Ext.P3 Circular stating that students of MBA
Course belonging to SC/ST/OBC, OBC(H)/OEC are entitled to
get fees exemption by way of E-Grants from the SC/ST
Development Department and therefore all steps for above
purpose to be taken through Akshaya Kendras. The Joint
Secretary to Tourism Department had also issued Ext.P1
Government Order dated 06.02.2019 in which it was stated
that the students belonging to OBC category joined the 5 th
respondent-Institution will be getting fees concession from the
Department concerned.
4. The petitioners joined the Course on the
expectation that fee concession will be granted to them.
However, subsequently, the Government issued Exts.P11 and
P16 orders whereby it was made clear that the students
belonging to OBC categories are not entitled to the benefit of
WP(C) No.12340/2020
fee concession. It is under these circumstances that the
petitioners have approached this Court seeking to set aside
Exts.P11 and P16 Government Orders and to declare that the
petitioners are entitled to get E-Grants Scholarship as
provided under Ext.P1 Government Order.
5. The learned counsel for the petitioners argued that
the action of the respondents denying E-Grants Scholarship to
the petitioners is illegal and arbitrary. The petitioners are
coming from poor families and are incapable of payment of
fees of ₹45,000/- per semester. The petitioners joined the
Course only because the respondents represented that the
students of OBC category are entitled to E-Grants
Scholarship. Now, the respondents cannot turn around and
say that the promise made was a mistake and the petitioners
are not eligible for E-Grants.
6. The 1st respondent filed counter affidavit and
defended the writ petition. The 1st respondent stated that on
the basis of a proposal dated 04.10.2018 received from the 5 th
respondent-Institution, the 2nd respondent issued Ext.P1 order
WP(C) No.12340/2020
revising the fee structure of BBA (Tourism Management) and
MBA (Travel and Tourism) Courses conducted by the 5 th
respondent-Institution. The prospectus and notification
published by the 5th respondent did not make any promise to
the students belonging to OBC. The petitioners have joined
the Course relying on the Prospectus, which did not indicate that
the petitioners will be eligible to any type of fee concession.
7. Issuance of Ext.P1 Government Order was by a
mistake, inasmuch as the students belonging to OBC category
were not eligible for fee concession. As soon as the mistake
came to notice, the Government issued Ext.R1(b) order dated
16.03.2020 and Ext.P16 order dated 17.06.2020 making it
clear that the students belonging to OBC are excluded from
the purview of E-Grants. Any direction of this Court to extend
E-Grant to the petitioners would cause huge financial liability
upon the respondents. Therefore, the writ petition is liable to
be dismissed, contended the 1st respondent.
8. The 3rd respondent filed a counter affidavit. The 3 rd
respondent stated that based on a mistakenly issued
WP(C) No.12340/2020
Government Order, the ineligible OBC students cannot be
granted educational/financial benefits. The Director of
Backward Classes Development Department has issued
Ext.P8 letter to the 3 rd respondent requesting to cancel Ext.P1
with immediate effect since it is against the Government
policies/order dealing with the disbursement of Scholarship.
The 3rd respondent further stated that a high level meeting
was convened in the presence of Hon'ble Minister of
Backward Classes Development to discuss the issue. It was
thereafter decided to rectify the mistake. Accordingly, Ext.P11
order was issued cancelling the financial benefits given to the
OBC students studying for MBA and BBA Courses in the 5 th
respondent-Institution. The petitioners therefore cannot claim
educational concession as of right.
9. The 5th respondent also filed a counter affidavit.
The 5th respondent stated that except students belonging to
SC/ST, OEC and equivalent categories, fee is being collected
from eligible students belonging to all other categories and the
concession is refunded to the students concerned on receipt
WP(C) No.12340/2020
of E-Grants from Government. Four students out of six OBC
category students of the MBA Batch 2018-2020 who applied
for E-Grants for the second year, received E-Grants from the
SC Development Department. Since the OBC students of the
previous Batch (MBA 2018-2020) received E-Grants, the
petitioners also applied for E-Grants.
10. The Principal of the 5th respondent-Institution
forwarded their application to the SC Development
Department. However, the Government has now taken a
decision that OBC category students are not to be granted E-
Grant benefits. The 5th respondent stated that it is a Self
Financing Institution and any direction to pay E-Grants to
ineligible candidates will cause huge financial burden which
the 5th respondent will not be able to shoulder. The 5 th
respondent further stated that instructions have already been
received directing the 5th respondent to effect recovery of E-
Grant benefits given to ineligible OBC students.
11. I have heard the learned counsel for the petitioners
and learned Special Government Pleader (SC/ST) for the
WP(C) No.12340/2020
respondents.
12. It is admitted by either side that OBC students of
the academic year 2018-2020, who have joined the Course in
question, have received the E-Grant benefits. The Joint
Secretary to the Department of Tourism issued Ext.P1
Government Order. Ext.P1 Government Order, inter alia,
provides that OBC students, who have joined the Travel and
Tourism Course in the 5th respondent-Institution, are entitled
to educational concession. Ext.P1 further goes to state that
the Government have considered this issue in detail and
Ext.P1 order is being issued giving the detailed fees structure.
Ext.P1 further directed the Director of the 5 th respondent to
make available E-Grant to eligible students.
13. Therefore, going by the convention of extending
E-Grant facility to OBC students and also by Ext.P1
Government Order, OBC students like the petitioners also
should be made entitled to E-Grants.
14. The contention of the learned Special Government
Pleader is that Ext.P1 was issued by a Department of the
WP(C) No.12340/2020
Government which was not competent to issue an order in
that nature and it is for that reason that Ext.P1 order has been
withdrawn/corrected by issuing Ext.R1(b) order dated
16.03.2020 and Ext.P16 order dated 17.06.2020. The
petitioners cannot claim fee concession to which they are not
otherwise eligible, on the basis of an erroneous Government
Order issued by the respondents, which admittedly stands
cancelled.
15. The learned Government Pleader further argued
that the petitioners have already remitted the full semester fee
for the Course and therefore they cannot contend that they
are financially not in a position to pay the requisite fee on their
own.
16. It is to be noted that the petitioners joined the
Course at a time when other OBC students in the 5th
respondent-Institution were receiving E-Grant facilities for the
same Course. The petitioners joined the Course after
issuance of Ext.P1 order which represented that OBC
students like the petitioners will be eligible for educational
WP(C) No.12340/2020
concession. Thus, the Government have made a promise by
representation to the petitioners. Therefore, the respondents
are estopped from going back from the stand and holding that
the petitioners will not be extended with E-Grant facilities.
17. It may be true that Ext.P1 order is issued
erroneously by the Government and the Government have a
right to cancel or vary Ext.P1 order. The Government have, in
fact, varied Ext.P1 Government Order by issuing Ext.P16.
But, that should not disentitle the petitioners who are OBC
students who have joined the Course based on the practice
followed by the 5th respondent-Institution and promise made in
Ext.P1 Government Order. This Court is of the considered
opinion that the respondents are estopped from denying
E-Grant benefit to the OBC students who have joined the
Course subsequent to Ext.P1 and before the issuance of
Ext.P11 order dated 28.03.2020.
In the facts and circumstances of the case, the writ
petition is allowed. It is declared that the petitioners are
entitled to E-Grant Scholarships as provided in Ext.P1
WP(C) No.12340/2020
Government Order for the duration of their studies in the 5th
respondent-Institution.
Sd/-
N. NAGARESH, JUDGE
aks/16.02.2021
WP(C) No.12340/2020
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER GO(GENL) NO
51/2019/TOURISM OF DEPARTMENT OF
TOURISM DATED 6.2.2019
EXHIBIT P2 TRUE COPY OF THE LETTER NO B4-
4415/2020 OBTAINED FROM THE DEPARTMENT
OF DISTRICT SCHEDULED CASTE
DEVELOPMENT OFFICE, THIRUVANANTHAPURAM
THOROUGH RIGHT TO INFORMATION ACT
2005, DATED 4.6.2020
EXHIBIT P3 TRUE COPY OF THE CIRCULAR ISSUED BY
THE 5TH RESPONDENT DATED 11.7.2019
EXHIBIT P4 TRUE COPY OF THE PETITIONERS WHO ARE
ENTITLED TO GET E-GRANTS SCHOLARSHIP
INCLUDING THE BANK ACCOUNT NUMBERS
DATED NIL
EXHIBIT P5 TRUE COPY OF THE APPLICATION NO.
OBOO119070067451 AND THE RELEVANT
PORTION OF BANK ACCOUNT OF 5TH
PETITIONER DATED NIL
EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO KITTS
TVM/MBA/2019-20 DATED 14.1.2020
EXHIBIT P7 TRUE COPY OF THE LETTER NO.E-
GRANTS/KITTS/2019-20 ISSUED BY THE 4TH
RESPONDENT DATED 5.2.2020
EXHIBIT P8 TRUE COPY OF THE LETTER NO.
BCDIR/B2/6/2020(1) DATED 1.2.2020
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE HON'BLE MINISTER
FOR TOURISM DEPARTMENT DATED 6.2.2020
EXHIBIT P10 TRUE COPY OF THE QUESTION NO.2239 OF
19TH SESSION OF 14TH KERALA
LEGISLATIVE ASSEMBLY DATED 11.3.2020
WP(C) No.12340/2020
EXHIBIT P11 TRUE COPY OF THE GO(GENL) NO
27/2020/BCDD DATED 28.3.2020
EXHIBIT P12 TRUE COPY OF THE LETTER NO 313/A2/2020
KSYC SENT TO 3RD RESPONDENT DATED
10.6.2020
EXHIBIT P13 TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE HON'BLE CHIEF
MINISTER OF KERALA DATED 11.6.2020
EXHIBIT P14 TRUE COPY OF THE SCREEN SHOT OF
MESSAGES DATED 5.6.2020
EXHIBIT P15 TRUE COPY OF THE INTIMATION LETTER NO
387/INTIMATION TO PARENTS OBC/MBA
2019-21 ISSUED BY THE 5TH DEFENDANT
DATED 17.6.2020
EXHIBIT P16 TRUE COPY OF GO (GENL) NO
197/2020/TOURISM OF TOURISM DEPARTMENT
DATED 17.6.2020
RESPONDENTS' EXHIBITS:
EXHIBIT R3(a): A TRUE COPY OF THE RELEVANT PAGES OF
THE PROSPECTUS OF MBA AND BBA COURSES
ISSUED BY THE FIFTH RESPONDENT FOR THE
YEAR 2018.
EXHIBIT R3(b): A TRUE COPY OF THE RELEVANT PAGES OF
THE PROSPECTUS OF MBA AND BBA COURSES
ISSUED BY THE FIFTH RESPONDENT FOR THE
YEAR 2019.
EXHIBIT R5(a): TRUE COPY OF THE G.O.(P)
NO.50/2009/SCSTDD DATED 02/07/2009.
EXHIBIT R5(b): TRUE COPY OF THE G.O.(RT)
NO.102/2019/TOURISM DATED 11/03/2019.
EXHIBIT R5(c): TRUE COPY OF THE LETTER
NO.KITTS/OBC/MBA/2019 DATED
09/08/2019.
EXHIBIT R5(d): TRUE COPY OF THE PRESS RELEASE ISSUED
ON MADHYAMAM DAILY ON 26/05/2019.
WP(C) No.12340/2020
EXHIBIT R5(e): TRUE COPY OF THE DETAILS OF FEE
REMITTANCE OF THE PETITIONERS.
EXHIBIT R5(f): TRUE COPY OF THE DETAILS DATED
05/03/2020 GIVEN BY THE FIFTH
RESPONDENT FOR ANSWERING THE LA
QN.NO.2239.
EXHIBIT R5(g): TRUE COPY OF LETTER NO.B4-26755/19
DATED 02/07/2020.
EXHIBIT R1(a): TRUE COPY OF THE LETTER DATED
04.10.2018
EXHIBIT R1(b): TRUE COPY OF DIRECTION DATED
16.03.2020
SR
