Malabar Medical College Hospital ... vs State Of Kerala
2021 Latest Caselaw 7166 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

       THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                                   &

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       WP(C).No.25474 OF 2020(H)

PETITIONER:

                MALABAR MEDICAL COLLEGE HOSPITAL AND RESEARCH
                CENTRE
                ESTABLISHED BY SREE ANJANEYA MEDICAL TRUST,
                MODAKALLUR, KOZHIKKODE - 673 323, REPRESENTED BY
                ITS AUTHORISED SIGNATORY.

                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.
RESPONDENT/S:

       1        STATE OF KERALA
                REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH
                AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM
                - 695 001.

       2        KERALA UNIVERSITY OF HEALTH SCIENCES
                THRISSUR, REPRESENTED BY ITS REGISTRAR - 680596.

       3        ADMISSION SUPERVISORY COMMITTEE AND FEE REGULATORY
                COMMITTEE
                T.C.NO.15/1553-4, PRASANTHI BUILDINGS, M. P. APPAN
                ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014,
                REPRESENTED BY ITS CHAIRMAN.

       4        ELSA DUNSTON
                D/O. S. DUNSTON, FLAT 2C, CREST, TRINITY
                APARTMENTS, OPP. LULU MALL, EDAPPALLY, COCHIN -
                682024.
 W.P.(C)No.25474/2020              2

        5        DUNSTON S.
                 AGED 52 YEARS
                 FLAT 2C, CREST, TRINITY APARTMENTS, OPP. LULU MALL,
                 EDAPPALLY, COCHIN - 682024.

        6        THE CHAIRMAN
                 ADMISSION SUPERVISORY COMMITTEE AND FEE REGULATORY
                 COMMITTEE, T. C. NO.15/1553-4, PRASANTHI BUILDINGS,
                 M. P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM
                 - 695 014.

              R2 BY SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
              HEALTH SCIENCES
              R4 BY ADV. SRI.M.R.ANISON
OTHERS PRESENT:

              SR GP A J VARGHESE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD               ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.25474/2020                     3




                                    JUDGMENT

Gopinath, J.

This Writ Petition has been filed challenging Ext.P8, which is an e-mail

communication of the Chairman of the 3 rd respondent - the Committee

constituted under the Kerala Professional Colleges (Prohibition of

Capitation Fee, Regulation of Admission, Fixation of Non-

Exploitative Fee and other measures to Ensure Equity and

Excellence in Professional Education) Act, 2006, through which the

petitioner/ College was directed to release the certificates of the 4 th respondent,

who was a student at the College.

2. The dispute between the 4th respondent and the College relates to

the payment of the fee for undergoing the MBBS Course at the petitioner College.

The 4th respondent and her father, the 5 th respondent, contended that they had

paid certain amounts in the sum of Rs.12.00 lakhs for which a receipt was not

issued by the College. Though there was also a dispute regarding payment of

another amount as well, that issue seems to have been reconciled. In the course

of earlier litigation between the parties, this Court, through Ext.P1 judgment,

found that the case of the 4 th respondent and her father, the 5th respondent that

certain amounts had been paid to the College for which a receipt had not been

issued, cannot be substantiated. A claim of the petitioner college for the balance

of the fee payable by the 4th respondent (through a petition for clarification of

Ext.P1), led to Ext P.5 order of this Court based on which the matter was taken

up for adjudication by the Committee. When the matter was so pending before

the Committee, the Chairman of the Committee has issued Ext.P8 directing the

College to release the certificates of the 4th respondent.

3. The challenge to Ext.P8 is principally on the ground that the

Chairman of the 3rd respondent Committee has no jurisdiction or authority to

issue any such communication.

4. When this matter came up for consideration before us on 26.2.2021,

Sri. P. Sanjay, the learned counsel appearing for the petitioner/ College and Sri.

M.R. Anison learned counsel appearing for respondent No.4 agreed, at our

prompting, that they will try to settle the matter between themselves. Today, it is

submitted that out of the total claim of Rs.9.78 lakhs towards fee claimed by the

College, it has been agreed to the entire matter can be settled on the 4 th

respondent paying to the petitioner College a sum of Rs.8 lakhs in full and final

settlement of the claim. The learned counsel for the petitioner/College would

submit that the certificates of the 4th respondent are now deposited in this Court

and that without there being a guarantee for payment of Rs.8 lakhs, we should

not direct release of the certificates to the 4 th respondent. The learned counsel

for the 4th respondent would contend that the 4th respondent intends to apply for

a Post Graduate Course for which the custody of the certificates is an absolute

necessity.

5. In the background of the aforesaid facts and circumstances, we

record the submission of the learned counsel for the 4th respondent that the 4 th

respondent shall pay to the petitioner/College a sum of Rs.8 lakhs in full and

final settlement of all claims of the petitioner/College within three months from

today. On the 4th respondent paying a sum of Rs.2 lakhs, out of the total of

Rs.8.00 lakhs, the petitioner/ College shall return all certificates of the 4 th

respondent to enable her to apply for a Post Graduate Course. We make it clear

that, if any portion of the amount of Rs.8 lakhs is not paid within the time

stipulated above, the petitioner/ College is entitled to recover the entire amount

of Rs.9.78 lakhs claimed by them. The registry is directed to return the

certificates produced by the petitioner/ College before this Court to the learned

counsel for the petitioner/ College, who shall thereafter transmit the same to the

petitioner/College so that it can be released to the 4 th respondent on payment of

the aforesaid amount of Rs.2 lakhs.

The writ petition is disposed of, based on the settlement arrived at,

between the parties, as above. It is made clear that proceedings pending before

the committee will stand terminated on account of this Judgment.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1             TRUE COPY OF THE JUDGMENT IN WPC
                       NO.38935/2017 WITH CONNECTED CASE DATED
                       26.11.2019.

EXHIBIT P1 (a)         TRUE COPY OF THE MINUTES DATED
                       17.05.2017.

EXHIBIT P1 (b)         TRUE COPY OF THE INTERIM ORDER DATED
                       05.12.2017.

EXHIBIT P1 (c)         TRUE COPY OF ONE OF THE BANK GUARANTEE
                       AND COVERING LETTER ISSUED BY THE 5TH
                       RESPONDENT.

EXHIBIT P2             TRUE COPY OF REQUEST NO.MMC AND
                       RC/MBBS/2012-13/012/2019 DATED
                       19.12.2019.

EXHIBIT P3             TRUE COPY OF REMINDER NO.MMC AND

RC/MBBS/2012-13/01/2020 DATED 03.01.2020.

EXHIBIT P4 TRUE COPY OF REMINDER NO.MMC RC/MBBS/2012-13/01/2020 DATED 27.01.2020.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 14.07.2020 IN IA NO.2/2020 IN WP(C) NO.38935/2017.

EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 10.08.2020.

EXHIBIT P7 TRUE COPY OF THE LETTER NO.MMC AND RC/MBBS/2012-13/008/2020 DATED 10.08.2020.

EXHIBIT P7 (a) TRUE COPY OF THE COMMUNICATION IN ASC(P)166/13 DATED 04.09.2020.

EXHIBIT P7 (b) TRUE COPY OF THE IN THE ASC (P) 166/2013 DATED 03.09.2020 OF THE 5TH RESPONDENT.

EXHIBIT P7 (c) TRUE COPY OF THE IN ASC (P) 166/13 DATED 15.09.2020.

EXHIBIT P8 TRUE COPY OF THE ORDER FROM THE 3RD RESPONDENT DATED 11.08.2020.

EXHIBIT P9 TRUE COPY OF THE EMAIL FROM THE 4TH RESPONDENT DATED 30.10.2020.

EXHIBIT P10 TRUE COPY OF THE LETTER FROM THE PETITIONER TO THE 4TH RESPONDENT DATED 30.10.2020.

EXHIBIT P11 TRUE COPY OF THE G.O.(RT) NO.2063/2012/H AND FWD DATED 22.06.2012.

RESPONDENTS. EXHIBITS

EXT.R4(a): COPY OF THE INTERIM ORDER DATED 23.11.2013 IN ASP (P)NO.166/2013 ISSUED BY THE 3RD RESPONDENT.

EXT.R4(b): COPY OF THE WRITTEN EXPLANATION SUBMITTED BY THE PETITIONER 26.11.2013

EXT.R4(c): COPY OF THE PETITION FILED BY THE 5TH RESPONDENT DATED 31.08.2017.

EXT.R4(d): COPY OF THE INTERIM ORDER ISSUED BY THIS HON'BLE COURT DATED 06.02.2019 IN WP(C)No.36871/2018.

EXT.R4(e): COPY OF THE COMPULSORY ROTATORY TO RESIDENTIAL INTERNSHIP CERTIFICATE ISSUED BY THE GENERAL HOSPITAL, DATED 09.10.2019.

EXT.R4(f): COPY OF THE LETTER DATED 08.11.2020 ISSUED BY THE 5TH RESPONDENT TO THE PRINCIPAL.

EXT.R4(g): COPY OF THE AFFIDAVIT AND I.A.NO.2/2020 IN W.P.(C)No.38935/2017 (EXCLUDING THE DOCUMENT ATTACHED THERWITH) DATED 04.04.2020.