Akshay Ashok vs Union Of India
2021 Latest Caselaw 2181 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

   WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                      WP(C).No.29224 OF 2020(C)


PETITIONERS:

      1        AKSHAY ASHOK,
               AGED 20 YEARS
               S/O. ASHOK KUMAR, KARTHIKA,
               KUTTEMPEROOR P.O, MANNAR, PIN CODE-689 623

      2        JEEZ MATHEW JOISE,
               AGED 18 YEARS,
               S/O. JOISE MATHEW, ARACKAPARAMBIL, ANAKULAM P.O.,
               IDUKKI, PIN CODE-685 565

      3        AMAL REJI,
               AGED 19 YEARS,
               S/O. REJI K.U, KANNANTHANATH (H),
               ANAKKAMPOYIL P.O, KOZHIKODE.

      4        ABHISHEK M,
               AGED 19 YEARS,
               S/O. MADHUSOODHANAN, MANGALAPALLIL (H),
               PATTUKULANGARA, THURAVOOR P.O, ALAPPUZHA,
               PIN CODE-688 532

      5        RAMKUMAR S,
               AGED 18 YEARS,
               S/O. SEKAR N AND THILAGAVATHI S, 23,
               JAWAN QT, GANDHINAGAR, THANJAVUR-613 007.

      6        ARJUN RAJ A,
               AGED 19 YEARS,
               S/O. RAJI RAJAKUMAR, NANDANAM,
               PALAMOODU, VEMBAYAM P.O, TRIVANDRUM-695 619

      7        ANAND M. VARUGHESE,
               AGED 20 YEARS,
               S/O. K.M. VARGHESE, KANJIRIKKATTU,
               ELANJIMEL P.O, CHENGANNUR, PIN CODE-689 511

      8        ANGELO ALBERT,
               AGED 19 YEARS,
               S/O. ALBERT ANTONY, APPLE KADAYIL PARAMBU,
               THANGASSERI, KOLLAM, PIN CODE-691 007
 WP(C).No.29224 OF 2020            -2-




       9       SATHWIK WILSON,
               AGED 19 YEARS,
               S/O. WILSON T THOMAS, THAYYIL HOUSE,
               BALAL P.O., KASARGOD, PIN CODE-671 533

       10      ABISHEK   NIKHIL,
               AGED 19   YEARS,
               S/O. C.   CHELLADURAI, OTTAPARAI DIVISION,
               LETCHMI   ESTATE, MUNNAR, IDUKKI , PIN CODE-685612

       11      GOVIND M.S,
               AGED 19 YEARS,
               S/O. C. MOHANAN, MEKKUMKARA (H), ANAD P.O,
               NEDUMANGAD, TRIVANDRUM, PIN CODE-695 541

       12      MAVILLA SURYA,
               AGED 19 YEARS
               S/O. MAVILLA SASDIHAR, OM SHANTI NAGAR,
               VIVEKANANDA NAGAR, ROAD NO. 20,
               DOOR NO. 39/483, YSR KADAPA-516 002

       13      KRISHNA S KUMAR,
               AGED 21 YEARS,
               D/O. SURESH KUMAR, V K (H), MUTHERI,
               NILAMBUR RS, MALAPPURAM, PIN CODE-676 504

       14      ADITHYA A.M,
               AGED 20 YEARS
               D/O. MANIKANDAN AC, AREEKARA (H), ALATHIYUR P.O,
               PANCHAMPADI, MALAPPURAM, PIN CODE-676 102.

       15      NAHLA K.V,
               AGED 19 YEARS,
               D/O. MOIDHEENKUTTY K.V, KUDUKKATH VALAPPIL (H),
               THANDILAM, NARIPARAMBA P.O, MALAPPURAM,
               PIN CODE-679 573.

       16      SREELEKSHMI S,
               AGED 20 YEARS,
               D/O. SATHEESH CHANDRAN NAIR AND USHA SATHEESH,
               CHANGAVILA PUTHEN VEEDU, MANCHALLOOR,
               PATHANAPURAM P.O, KOLLAM, PIN-CODE-689 695

       17      CRIPA BIJU,
               AGED 20 YEARS,
               D/O. BIJU ANTONY, PUTHENPARAMBU, THAKAZHY,
               THENNADY, CHIRAYAKAM P.O, ALAPPUZHA.
 WP(C).No.29224 OF 2020          -3-




       18      GOURI T.S,
               AGED 20 YEARS
               D/O. SAJEESH T.S, THOPIL THEJUS,
               MELOOD P.O, ADOOR, PIN CODE-691 554.

       19      AFSANA AFSAL,
               AGED 20 YEARS,
               D/O. AFSAL AS, AFSANA MANSIL, KOTTAMKULANGARA WARD,
               AVALOOKUNNU P.O, ALAPPUZHA, PIN CODE-688 06

       20      ANAGHA C.S,
               AGED 19 YEARS,
               D/O. SOMAN C.S, AND BINDHU K.V, CHANDHURUTHIL(H),
               PERAKAM P.O, CHAVAKKAD, THRISSUR-680 506

       21      ANNA EVA B GEORGE,
               AGED 19 YEARS,
               D/O. BIJU GEORGE, MUKALUVILAYIL (H),
               NEAR KRISHNA MANDIR, KANJHANGAD P.O,
               KASARGOD-671 315

       22      ANANTHAKRISHNAN C.S,
               S/O. B. CHANDRAKUMAR, SREE KRISHNAN VILASAM,
               PUNNALA, KOLLAM, PIN CODE-689 695

               BY ADVS.
               SRI.P.SANJAY
               SMT.A.PARVATHI MENON
               SRI.BIJU MEENATTOOR
               SRI.PAUL VARGHESE (PALLATH)
               SRI.P.A.MOHAMMED ASLAM
               SRI.KIRAN NARAYANAN
               SHRI.PRASOON SUNNY
               SHRI.RAHUL RAJ P.

RESPONDENTS:

       1       UNION OF INDIA,
               REP. BY SECRETARY , DEPARTMENT OF ANIMAL HUSBANDRY,
               DAIRYING AND FISHERIES, MINISTRY OF AGRICULTURE AND
               FARMERS WELFARE, KRISHI BHAVAN, NEW DELHI-110 011

       2       CENTRAL INSTITUTE OF FISHERIES ,
               NAUTICAL AND ENGINEERING TRAINING (CIFNET),
               MINISTRY OF AGRICULTURE AND FARMERS WELFARE,
               DEPARTMENT OF ANIMAL HUSBANDRY, DAIRYING AND
               FISHERIES, FORESHORE ROAD, KOCHI-682 016,
 WP(C).No.29224 OF 2020          -4-




               REPRESENTED BY ITS DIRECTOR.

       3       THE SENIOR ADMINISTRATIVE OFFICER,
               CENTRAL INSTITUTE OF FISHERIES,
               NAUTICAL AND ENGINEERING TRAINING (CIFNET),
               MINISTRY OF AGRICULTURE AND FARMERS WELFARE,
               DEPARTMENT OF ANIMAL HUSBANDRY,
               DAIRYING AND FISHERIES,
               FORESHORE ROAD, KOCHI-682 016

       4       COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
               KALAMASSERY P.O, KOCHI, PIN-682022,
               REPRESENTED BY ITS REGISTRAR.

               R1-3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
               R4 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.29224 OF 2020                 -5-




                                      JUDGMENT

Dated this the 20th day of January 2021

Petitioners twenty two (22) in number are the

students of 2nd year Bachelor of Fisheries Science

(Nautical Science) or BFSc.(NS) in the institute of 2 nd

respondent affiliated with 4th respondent i.e., Cochin

University of Science and Technology, Kalamassery, Kochi.

2. The grievances of the petitioners in the Present

writ petition is that the 3rd respondent i.e., the Senior

Administrative Officer of the Central Institute of Fisheries,

Nautical & Engineering Training (CIFNET) has issued a

directive that the petitioners should remit 3 rd semester

fees amounting to Rs.35,405/- on or before 31.12.2020.

They submit that the fees is bifurcated under several

heads like board training, Library, Computer Internet,

Study Tour, Swimming, Sports, Recreation etc. which could

not be availed owing to the COVID-19 pandemic.

Respondents is the "State" and should adopt the concept

of "welfare state" and there were no regular classes owing

to the COVID-19 pandemic. In this regard the petitioners

had submitted a representation Ext.P5 dated 18.12.2020

but no action has been taken compelling the petitioners to

approach this Court.

3.. This Court vide interim order dated 29.12.2020

ordered that in case the fees for the 3 rd Semester in 2nd

year course is paid by the petitioners, it will be subject to

the result of this writ petition. Learned counsel for the

petitioners submits that some of the students had paid and

some of them had not. It is very difficult to pay such fees

as the income of the parents had also reduced owing to the

COVID-19 pandemic.

3. Learned counsel for the institution submits that

a proper representation should have been addressed to the

Director instead of the Administrative Officer.

4. On the contrary, learned counsel representing

the University submits that the aforementioned institute is

not affiliated but only recognized. The fee structure is

fixed by the Institute.

5. Having heard learned counsel for the parties, I

am of the view that the ends of justice could be met in case

the representation of the petitioners submitted to

Administrative Officer is forwarded to the Director of the

Institute and the Director of the Institute shall take a call

on re-fixation of the fees in view of the grounds stated by

the petitioners as certain facilities for which amount is

charged under various heads were not availed. Director

shall afford an opportunity of hearing to the representative

of petitioners or their parents, if any, for arriving at a just

and final conclusion. This exercise to be undertaken

within a period of forty five(45) days from the date of

receipt of a copy of this judgment. Writ petition stands

disposed of. Till such time the representation is decided

the interim order is ordered to be maintained.

Sd/-

AMIT RAWAL

JUDGE vv

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COUNSELING CUM ADMISSION MEMORANDUM FOR BFSC (NS) COURSE OF THE 2ND RESPONDENT FOR THE ACADEMIC YEAR 2019-2023 NUMBERED AS NO. F.1-1/2019 TRG. DATED 02.07.2019.

EXHIBIT P2 TRUE COPY OF THE CIRCULAR ISSUED BY THE

9/2018 TRG. DATED 15.10.2020.

EXHIBIT P3 TRUE COPY OF THE ONLINE RECEIPT OF 2ND YEAR /SEMESTER FEES PAID TO THE 2ND RESPONDENT ISTITUTE BY THE 1ST PETITIONER.

EXHIBIT P3 A TRUE COPY OF THE ONLINE RECEIPT OF 2ND YEAR/SEMESTER FEES PAID TO THE 2ND RESPONDENT INSTITUTE BY THE 2ND PETITIONER.

EXHIBIT P4 TRUE COPY OF THE LIST OF FEES CHARGED UNDER THE 13 DISPUTED HEADS DATED NIL.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION TO THE 3RD RESPONDENT DATED 18.12.2020 SEEKING WAIVER OF FEES.