Ajmal N.K vs State Of Kerala
2021 Latest Caselaw 3036 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                      WP(C).No.17139 OF 2020(N)


PETITIONER:

               AJMAL N.K.
               S/O. ABDULLA N.K, NARIKOOTTUNGAL HOUSE, KADUVATHUR
               P.O, KANNUR DISTRICT, PIN 670 676

               BY ADVS.
               DR.PAULY MATHEW MURICKEN
               SMT.MEERA BAI S.

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE
               DEPARTMENT, SECRETARIAT, THIRUVANANTHAPRUAM 695 001

      2        THE COMMISSIONER FOR ENTRANCE EXAMINATION,
               GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001

      3        THE CHIEF MANAGER,
               STATE BANK OF INDIA, PERINGATHUR BRANCH, MEKUNNU,
               KANNUR DISTRICT, PIN 670 675

               R1-2 BY GOVERNMENT PLEADER, DIVYA C BALAN


               SC SRI.S EASWARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.17139 OF 2020(N)

                                      2




                                JUDGMENT

Dated this the 28th day of January 2021

The petitioner joined the Co-operative

Medical College, Kalamassery, Cochin for MBBS

course in the year 2006-2007 at a time when the

college was run by the Co-operative Academy of

Professional Education. He had availed an

educational loan of Rs.4,00,000/- from the 3 rd

respondent bank in the year 2006. In the year

2009, he had availed another sum of

Rs.5,60,000/- also, which has already been

settled with the bank.

2. The Government of Kerala had as per

Ext.P1 order dated 16.05.2017 introduced a

Repayment Support Scheme providing financial

support to eligible students for repayment of

education loan availed for higher studies. This

benefit was available to those who started

repayment before 01.04.2016 with effect from WP(C).No.17139 OF 2020(N)

01.04.2016. It is stated that the 3rd respondent

Bank had as per Ext.P4 letter informed the

petitioner about Ext.P1 scheme and that he can

avail the opportunity to seek the benefit of the

same. The Bank had thereafter forwarded the

application of petitioner seeking the benefit of

the scheme to the 1st respondent. But it was

rejected as per Ext.P10 letter stating that the

petitioner is not eligible for the re-payment

scheme since he was undergoing the course in the

Medical College in the 35% quota of seats which

requires payment of higher rate of fees of

Rs.1,13000/- and that as per para 3(iv) of G.O.

(P) No. 85/2018/Fin dated 07.06.2018, only those

50% freeship seats requiring fees at lesser rate

of Rs. 12,225/-, alone can be considered as

merit seats of the MBBS course in Cochin Medical

College.

3. The petitioner points out that as per

Ext.P1-order the Government have prescribed the

guidelines for implementation of Educational WP(C).No.17139 OF 2020(N)

Repayment Support Scheme for providing repayment

support to borrower students announced in the

budget speech 2016-17 and in 2017-18. The

benefit of this Scheme is admissible to all

those students who are admitted in the merit

quota. The petitioner points out that as per

para 3(g) of Ext P1 scheme, Management quota

seats would mean seats in private educational

institutions for which the management has

discretion to give admission on factors other

than merit. The case of the petitioner is that

the his admission was on the basis of allotment

made by the Commissioner for entrance

examination to a college which was run by the

Co-operative Academy of Professional Educational

Institutions, which is an institution, which is

an undertaking under the Government. It is

pointed out that the petitioner's allotment was

on the basis of his marks in the competitive

examination, made by the Commissioner for

entrance examination. It is stated that in case WP(C).No.17139 OF 2020(N)

the benefit under Ext.P1 Scheme is provided, the

petitioner would be able to close the loan, as

one time settlement would be available to the

petitioner.

4. It is also pointed out that in Para

3(iv) of Ext.P3 Government Order issued on

07.06.2018, the Government clarified that merit

quota means admission through a competitive

examination or based on marks obtained in

qualifying board examination, at a substantially

reduced fee on the basis of a mandate from the

Government that a certain number of seats be

reserved for giving admission at substantially

reduced fee. The remaining seats in a private

college would be considered management quota

where fee is substantially higher and admission

may be through a competitive examination or

based on marks in the qualifying board

examination or otherwise.

5. The respondent Government has filed a

counter affidavit stating that the petitioner is WP(C).No.17139 OF 2020(N)

not eligible for the benefit. It is stated that

Ext.R1(a) order dated 27.07.2019, the Government

had ordered that the admission secured under 50%

free-ship seats allotted by Commissioner for

Entrance Examination in self financing colleges

run by institutions under Government control

such as IHRD, LBS, CAPE, CCEK, SCT etc. and

admission secured under 50% seats(other than

management quota) allotted by CEE in self

financing colleges run by Universities in the

State may be treated as merit quota. According

to the respondents, the scheme is not applicable

to students admitted in the management quota or

NRI quota or for admission in unrecognised

institutions. It is stated that petitioner

studied the course during 2006-2013 at a time

when the College was under the CAPE and as per

the orders issued in 2016, admission to 85% of

the seats were to be filled up by the

Commissioner for Entrance Examinations and out

of that 50% were free-ship seats and for 35% WP(C).No.17139 OF 2020(N)

seats the fee payable was rescheduled as

Rs.1,13000/-. It is stated that petitioner would

not be eligible for the benefit of the scheme as

his application was not in the merit quota as

defined in the Government Order dated

07.06.2018. It is stated that the application of

the petitioner as well as the representation

submitted before the Government was considered

for the benefit of the scheme. But the

Principal Government Medical College and the

Commissioner of Entrance Examination had

informed that the petitioner that he got

admission in one of the 35% seats at an annual

fee of Rs.2,30,000/- which was later changed as

Rs.1,13,000/- and therefore the case of the

petitioner would not come under the purview of

Ext P1 scheme or the subsequent orders or under

Ext.R1(a) order as the admission was under

management quota.

6. The petitioner has filed a reply

affidavit asserting that the admission of the WP(C).No.17139 OF 2020(N)

petitioner was under the merit quota and the

benefit cannot be denied.

7. Heard the learned counsel for the

petitioner, the learned Government Pleader and

the learned Standing Counsel for the Bank.

8. According to the petitioner, he fulfills

the conditions for availing the benefit of

Ext.P1 Scheme asserting that his admission was

not in the Management quota and that the same

was made on merit, in the year 2006-07. Though

the 1st respondent has stated that the Government

has rejected the application of petitioner for

the extending them the benefit of the scheme,

after considering the same with reference to the

various Government Orders, it is seen that

petitioner was not given an opportunity of

hearing before orders were passed. Therefore it

is only appropriate that the Government re-

considers the matter after affording an

opportunity of hearing to the petitioner and to

pass fresh order within a period of one month. WP(C).No.17139 OF 2020(N)

Ordered accordingly. It is made clear that the

hearing can be held through Electronic media.

9. This judgment would not prevent the

petitioner from availing the benefit of one time

settlement and thereafter claiming the benefit

from the Government, in the event of being found

admissible.

The writ petition is accordingly disposed

of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.17139 OF 2020(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE PHOTOCOPY OF THE G.O(P) NO.

65/2017/FIN DATED 16-05-2017 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P2 A TRUE PHOTOCOPY OF THE G.O(P) NO.

89/2017/FIN DATED 12-07-2017 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P3 A TRUE PHOTOCOPY OF THE G.O(P) NO.

85/2018/ FIN DATED 07-06-2018 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P4 A TRUE PHOTOCOPY OF THE LETTER DATED 16-08-2017 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P5 A TRUE PHOTOCOPY OF THE STATEMENT OF ACCOUNT IN RESPECT OF EDUCATION LOAN A/C NO. 67025579127 OF THE PETITIONER.

EXHIBIT P6 A TRUE PHOTOCOPY OF THE EDUCATION LOAN ACCOUNT OF THE PETITIONER BEARING NO. 67079540313 FOR AN AMOUNT OF RS. 5,60,000/-

EXHIBIT P7 A TRUE PHOTOCOPY OF THE CERTIFICATE DATED 26-07-2018 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATION, THIRUVANANTHAPURAM.

EXHIBIT P8 A TRUE PHOTOCOPY OF THE CERTIFICATE DATED 26-07-2018 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATION, THIRUVANANTHAPURAM

EXHIBIT P9 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 29-02-2012 PASSED BY THIS HON'BLE COURT IN W.P(C) NO.

32554/2006 AND ITS CONNECTED CASE.

EXHIBIT P10 A TRUE PHOTOCOPY OF THE LETTER DATED 30-09-2019 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENTQ

EXHIBIT P11 UNCERTIFIED PHOTOCOPY OF THE JUDGMENT WP(C).No.17139 OF 2020(N)

DATED 26-09-2018 PASSED BY THIS HON'BLE COURT IN W.P(C) NO. 24719 OF

EXHIBIT P12 A TRUE PHOTOCOPY OF THE PROCEEDINGS DATED 27-07-2019 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P13 A TRUE PHOTOCOPY OF THE PROCEEDINGS DATED 31-07-2018 ISSUED BY THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS:

EXHIBIT R1A TRUE COPY OF LETTER NO.PLG-A2/4/2019-

FIN DATED 27/7/2019

//TRUE COPY//

PA TO JUDGE