Kerala High Court
The Chairman vs State Of Kerala Represented By on 8 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 08TH DAY OF MARCH 2021/17TH PHALGUNA, 1942
WP(C).No.33243 OF 2019(E)
PETITIONER:
THE CHAIRMAN,
SRISANKARA DENTAL COLLEGE,
AKATHUMURI, VENNICODE P.O.,
VARKALA,
TRIVANDRUM DISTRICT-695 318.
BY ADVS.
SRI.KURIAN GEORGE KANNANTHANAM (SR.)
SRI.P.M.SANEER
SRI.TONY GEORGE KANNANTHANAM
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY
THE PRINCIPAL SECRETARY,
HEALTH AND FAMILY WELFARE DEPARTMENT,
SECRETARIAT,
TRIVANDRUM-695 001.
2 THE COMMISSIONER FOR ENTRNACE EXAMINATIONS,
TRIVANDRUM-695 001.
3 ANITHA JOSE, VADAKKEDATHU HOUSE,
PANNIMATTOM P.O.,
THODUPUZHA,
IDUKKI DISTRICT-690 503.
4 SHAHANAS A.,
BISMILLAH HOUSE,
ELIPPAKULAM P.O.,
PALLICKAL VIA.,
ALAPPUZHA DIST.-690 503.
WP(C) No.33243/2019
:2 :
5 AKASH RAJ, VENAD HOUSE,
ELAKMON P.O.,
AYIROOR,
VARKALA-695 310.
6 RAJENDU R., RAJENDU BHAVAN,
BHOOTHAKULAM P.O., KOLLAM-691 302.
7 ABHIRAMI, T.C.21/1043,
NR BHAVAN,
NEDUMCAD, KARAMANA P.O.,
TRIVANDRUM-695 002.
8 KIRAN P.V., VENATTU KIZHAKKATHIL,
CHERUTHANA P.O.,
ALAPPUZHA DISTRICT-690 517.
9 SHAMINA SHAJAHAN, T.C.35/914,
PUTHEN ROAD JUNCTIOIN,
VALLAKADAVU P.O.,
TRIVANDURM-695 008.
10 SHEEJA T.R., THAZHATHETHIL HOUSE,
ARANGOTTUKARA P.O.,
TRISSUR-679 532.
11 ANUSHA S.W., PAVARA VEEDU,
KAKKAVILA P.O., UCHAKKADA,
TRIVANDRUM-695 506.
12 SUFINA SALIM, S.S.VILLA,
LEKSHMIPURAM, POOLANTHARA,
SANTHIGIRI P.O.,
TRIVANDRUM-695 589.
13 LEKSHMI M.G., MURALI SADHANAM,
PERUMPUZHA P.O.,
KOLLAM-691 504.
14 SRUTHI BAIJU, POOVELIL HOUSE, PLAVILA,
ATHIYANOOR,
THANNIMOODU P.O.-695 123.
15 KRISHNA PRASENAN, KOOTTINIKKAL HOUSE,
MYLAKKAD, KOLLAM-691 571.
WP(C) No.33243/2019
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16 ARDRA R.S.,
RAA'S COTTAGE,
PONGANADU P.O., KILIMANOOR,
TRIVANDRUM-695 601.
17 NANDANA B.S.,
NANDAVANAM HOUSE,
NADUVANNUR POST,
KOZHIKODE DISTRICT-673 614.
18 DHANYASREE B.M.,
MANI BHAVAN,
MAVARTHALAKONAM,
NALANCHIRA P.O.,
TRIVANDRUM-695 015.
19 ALEENA JIMMI,
ANLIN T.C. 13/6614,
MIRANDA JUNCTION,
VANCHIYOOR P.O.-695 035.
20 ASIYA ANSARI,
SHAREEFA MANZIL,
M.O.WARD, ALAPPUZHA-688 001.
21 AMRUTHA K.S.,
KARAVATTE HOUSE,
PONGANAMKADU,
THRISSUR-680 028.
22 ANJANA T.VINOD,
THAIPARAMBIL HOSUE,
AYMANAM P.O.,
KOTTAYAM-686 015.
23 MANESHA JOSHI,
AKKARAVILA VEEDU,
EATHIYIL, NEDUMPARAMBU P.O.,
ALAMCODE-695 102.
24 ARYA RAJAN, PULICKAL HOSUE,
PAZHANGANAD,
KIZHAKKAMBALAM P.O.,
ERNAKULAM-683 562.
WP(C) No.33243/2019
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25 RAHUL MISHRA,
PRANAVAN, KAROOR,
AMBALAPPUZHA,
ALAPPUZHA DIST-688 561.
26 SONA J.PARVATHY,
SATHYAMAHAL,
PALACHIRA P.O.,
VARKALA-695 143.
27 SHABEENA JABEEN P.C.,
PICHEN CHEERATH HOUSE,
OTTATHARA, KODUR.P.O.,
MALAPPURAM-676 504.
28 ALEENA JOY,
THAIPPADATH HOUSE,
KOLARIKKAL ROAD,
SOUTH CHITTOR,
ERNAKULAM-682 017.
29 AMINA SAHEED,
PANAYIL VEEDU,
AKKAL.P.O.,
KARINGANOOR,
KOLLAM-691 516.
30 SALMA SHEREEF,
SHEREENA MANZIL,
KARALIKONAM,
ARAKKANNOOR P.O.,
KOLLAM-691 533.
31 RESHMA SAJJANAN,
LEKSHMI NIVAS,
RAMUVILAKOM, VAKKOM,
TRIVANDRUM-695 308.
32 AMEER S., ABS HOUSE,
ONNAMPARA,
CHERUVALAM-695 608.
33 JEETHU J.L.,
CHILAMBIL, THOTTAKKADU,
KARAVANAM P.O.,
TRIVANDRUM-695 605.
WP(C) No.33243/2019
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34 APARNA S.CHANDRAN, T.C.21/825(1),
APARNA BHAVAN, NEDUMCADU,
KARAMANA P.O., TRIVANDRUM-695 002.
35 ANJANA B.SURESH, KUMAR BHAVAN,
ANJMANGALAM, KARAKONAM-695 504.
36 STEPHEENA THOMAS, PALLATHUSSERY HOUSE,
OCHANTHURUTH P.O., ERNAKULAM, VYPIN-682 508.
BY SPECIAL GOVERNMENT PLEADER SRI M.A.ASIF
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 08.03.2021 THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.33243/2019
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N. NAGARESH, J.
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W.P.(C) No.33243 of 2019
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Dated this the 8th day of March, 2021
JUDGMENT
~~~~~~~~~~
The petitioner, Chairman of a Self Financing Dental
College, is before this Court, seeking to quash Ext.P7 list
issued by the 2nd respondent-Commissioner for Entrance
Examinations in so far as it includes 34 candidates eligible for
fee concession, whereas the obligation of the petitioner to give
fee concession is only to 20 candidates. The petitioner further
seeks to direct the 2 nd respondent to instruct 14 candidates
given fee concession, in excess of 20, to pay the normal
annual fee at the rate of ₹2,10,000/- from the year of
admission till completion of the course.
2. The petitioner's College had a sanctioned intake of
100 seats for BDS Course in the year 2016. The All Kerala
WP(C) No.33243/2019
Self Financing Dental College Management Consortium, of
which the petitioner is a member, arrived at Ext.P1 seat
sharing agreement with the Government for admission in the
year 2016. Pursuant thereto, Ext.P1 Government Order dated
06.09.2016 was issued. As per Ext.P1, 50% of the seats can
be filled by the Management and the remaining 50% should
be filled up based on the allotment to be made by the
Commissioner for Entrance Examinations.
3. The fee payable by the candidates allotted by the
Commissioner under the 50% Government Merit Quota is
prescribed in Ext.P1. 14% of the Merit Quota candidates (7
candidates) belonging to BPL category need to pay only
`23,000/- per annum. 26% (13 candidates) belonging to
SEBC category are to pay `44,000/- per annum each.
Excluding these 40% (20 candidates), all other candidates
shall pay an annual tuition fee of `2,10,000/-. The fees of
SC/ST candidates would be paid by the Government. 35% of
the students admitted under the Management Quota have to
pay `5 lakhs as annual fee whereas 15% candidates admitted
WP(C) No.33243/2019
under NRI Quota have to pay `6 lakhs per annum.
4. The petitioner would contend that allotment to all
the students in 50% Government Quota for the year 2016,
was over on 26.09.2016. The last date for admission was
30.09.2016. The seats under the Management Quota in the
petitioner's College remained unfilled and thereupon, as per
Ext.P2 letter, the petitioner offered to the Government 25
Management Quota seats to be filled up by allotment by the
Commissioner. In Ext.P2, the petitioner stated that these 25
students also can study on Government fees for the year
2016-2017.
5. The petitioner states that on receipt of Ext.P2, the
Government as per Ext.P3 dated 28.09.2016 directed the
Commissioner for Entrance Examinations to include the said
25 seats for spot allotment. The Commissioner thereupon
published Ext.P5 Notification dated 28.09.2016, for spot
admission on 30.09.2016. In Ext.P5, the Commissioner
specifically stated that students getting allotted to Self
Financing Dental Colleges will have to pay `2,10,000/- as
WP(C) No.33243/2019
tuition fee.
6. Pursuant to Ext.P5, 26 students allotted by the
Commissioner joined the College. On 04.12.2017, the
Commissioner published a list of candidates who were eligible
for fee concession. The list contained 34 candidates allotted
to the petitioner's College. The petitioner was obliged to give
fee concession only to 20 candidates. In Ext.P7 list, in the
Lower Income Group, 12 candidates were listed for fee
concession as against 7, and 22 SEBC candidates were listed
as against 13 candidates eligible for fee concession.
7. The petitioner approached the Government, the
Commissioner for Entrance Examinations and the Admission
Supervisory Committee to rectify the mistake and to direct the
ineligible students to pay regular fee. As the allotment is done
by the Commissioner for Entrance Examinations, the
petitioner is not in a position to identify the 20 students among
the 34 in Ext.P7 list, who are eligible for fee concession. The
Commissioner gave Ext.P12 reply which was vague.
WP(C) No.33243/2019
8. The petitioner would contend that the petitioner is
obliged under Ext.P1 to give fee concession only to 20
students. And unless respondents 1 and 2 identify the 20
students eligible for fee concession from among the 34
candidates allotted by the Commissioner, the petitioner will
suffer huge financial loss.
9. The 2nd respondent-Commissioner filed a statement
in the writ petition. According to the 2 nd respondent, the
petitioner made Ext.P2 request before the Government
expressing their willingness to give 25 seats more to the
Government for allotment under Merit Quota. The petitioner,
as per Ext.P10 letter of the Principal, enhanced the number of
such seats from 25 to 35. According to the 2 nd respondent,
the total allotment on merit made by the Government to the
petitioner's College is 85%. Therefore, those 85 seats are to
be divided proportionately for BPL, SEBC and the remaining
Merit Quota seats in the ratio of 14%: 26%: 60%, in the place
of the original 50 seats.
WP(C) No.33243/2019
10. Therefore, 12 students are entitled to BPL fee of
`23,000/- per annum, 22 SEBC students are entitled for a fee
of `44,000/- and the remaining 51 students are to pay
`2,10,000/- per annum. As the petitioner themselves
volunteered to offer the seats to the Government, the
petitioner can levy only the fee prescribed by the Government.
After three years of admission, the petitioner cannot turn
around and demand exorbitant fee of `2,10,000/- from
students.
11. I have heard the learned Senior Counsel Sri. Kurian
George Kannanthanam assisted by Sri. P.M. Saneer, the
counsel for the petitioner, and the learned Special
Government pleader Sri. M.A. Asif representing respondents 1
and 2. Though notices were served, respondents 3 to 36 did
not opt to appear and contest the case.
12. The fee structure for BDS courses in Self Financing
Colleges is governed by a consensual agreement entered into
by the All Kerala Self Financing Dental College Management
Consortium and the Government of Kerala. Ext.P1
WP(C) No.33243/2019
Government Order contains the fees to be levied by the
Colleges. Paragraph 7 of Ext.P1 Government Order
prescribing the fee structure reads as follows:-
"The member colleges agreed to collect annual
fees at the following concessional rates from the
students admitted under the 50% Government merit
quota during the entire course period:
a. 14% of the candidates from among those allotted
by the Commissioner for Entrance Examinations in
each Institution coming under BPL families as per
Kerala State norms irrespective of rank of category
need only pay an annual tuition of `23,000/- (Rupees
twenty three thousand only). If enough number of
candidates belonging to BPL category as above are
not available, the balance number of candidates will
be allowed concessional fees of `23,000/- (Rupees
twenty three thousand only) per annum to be selected
from among those allotted by the Commissioner for
Entrance Examination in each institution from those
having lower family income, irrespective rank or
category with the total number of BPL student eligible
for concessional fees not exceeding 14% as above.
However, SC/ST category of candidates, who already
enjoy fee concession benefits will not be considered
for the above purpose.
b. 26% of candidates who have been allowed SEBC
status by the Commissioner for Entrance Examination
in each institution shall pay an annual tuition fee of
`44,000/- (Rupees forty four thousand only). They will
be selected on the basis of the rank. However, if the
required number of SEBC candidates is not available
among the students allotted by the CEE in the
institution, the remaining number of candidates will be
selected from among the general category on the
basis of income, irrespective of rank or category as
explained in clause (a), with the total number of
students eligible for concessional fee not exceeding
WP(C) No.33243/2019
26% as above.
c. The same principle as explained in clause (a), (b)
is applicable to the minority institutions also.
d. All other candidates as explained in clause (a), (b)
& SC/ST shall pay an annual tuition fee of `2,10,000/-
(Rupees two lakhs ten thousand only). The fee
benefits will be granted only after the closure of
allotments to Private Self Financing Dental Colleges.
Hence candidates (except SC/ST) allotted to these
institutions will have to remit the fee of `2,10,000/-
provisionally at the time of the allotment directly to the
Member Colleges. The CEE will deduct only
`10,000/- from the students mentioned above and this
amount will be transferred to the Member Colleges
within 45 days of admission, failing which the Member
Colleges can claim interest on the payment.
e. Annual fee for SC/ST students shall be paid by the
Government to the concerned college, at the rate of
uniform fees fixed by the Government."
13. In view of paragraph 7, the liability of the petitioner
to extend fee concession would only be to 40% of the Merit
Quota students, out of the 50% Government Quota. Out of
the 100 students admitted to the BDS Course in the year
2016-2017, students eligible for fee concession would
therefore be 20.
14. The stand of the 2nd respondent is that the
Government is giving fee concession on a percentage basis to
WP(C) No.33243/2019
students admitted under Merit Quota and hence the petitioner
also is bound to provide fee concession on a percentage
basis, on the students allotted by the Government. The said
stand is unacceptable for more than one reason.
15. Ext.P1 G.O. provides that 50% of the seats in the
Self Financing Colleges are to be filled up by Merit Quota
candidates allotted by the Government and fee concession is
to be given to 14% BPL candidates and 24% SEBC students.
Therefore, relying on Ext.P1 G.O., respondents 1 and 2
cannot take a stand that the petitioner is bound to extend the
fee concession to students exceeding the percentage
prescribed by Ext.P1.
16. It is true that in addition to the 50% Merit Quota
allotments made by the 2nd respondent, 34 students were
admitted in the College on the basis of spot admission made
at the instance of the 2 nd respondent. Ext.P5 is the
Notification issued by the 2nd respondent for spot admission.
In Ext.P5, the 2nd respondent himself has intimated the
students that students getting allotment under the spot
WP(C) No.33243/2019
admission in Self Financing Dental Colleges will have to pay
`2,10,000/- as tuition fee. Therefore, it is evident that
respondents 1 and 2 also were aware that 14 students, who
were admitted in addition to 20 students who were entitled to
fee concession under Ext.P10, are liable to pay annual tuition
fee at the rate of `2,10,000/-.
17. The petitioner would have collected the said
amount of annual tuition fee from 14 out of the 34 students
allotted by the 2nd respondent, if the petitioner knew who are
the students not eligible for fee concession. This is only within
the knowledge of the 2 nd respondent. The petitioner
requested the 2nd respondent to clarify. But, as is seen from
Ext.P12, the 2nd respondent gave vague reply.
18. The petitioner is a Self Financing Dental College,
functioning under a regulatory framework, levying fees fixed
under an agreement with the Government. Forcing the
petitioner to extend fees concession to students over and
above the prescription, cannot stand the scrutiny of law.
WP(C) No.33243/2019
19. In the circumstances, it is declared that the
petitioner is obliged to give fee concession under Ext.P1 only
to 20 candidates and that the petitioner is entitled to collect
the full fee from the remaining 14 candidates included in
Ext.P7 list for the period from the year 2016-2017 onwards.
The 2nd respondent is directed to provide to the petitioner the
name of 20 students, who are eligible for fee concession, and
instruct the remaining 14 ineligible candidates in Ext.P7 list to
remit annual fee at the rate of `2,10,000/- from the year of
admission till the completion of the Course.
20. As the academic year and the course of the
students are coming to an end by 31.03.2021, the 2 nd
respondent is directed to comply with the aforesaid directions
at the earliest and at any rate within a period of two weeks.
Writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/05.03.2021
WP(C) No.33243/2019
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 06.09.2016 OF
THE HEALTH AND FAMILY WELFARE(S) DEPARTMENT
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 28.09.2016
ISSUED BY THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 28.09.2016
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 28.09.2016
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED
28.09.2016 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P6 TRUE COPY OF THE RELEVANT PORTION LIST OF
STUDENTS ADMITTED IN THE COLLEGE FORWARDED
TO THE UNIVERSITY FOR REGISTRATION
EXHIBIT P7 TRUE COPY OF THE LIST OF CANDIDATES SELECTED
FOR FEE CONCESSION DATED 4.12.2017
EXHIBIT P8 TRUE COPY OF THE CHART SHOWING THE DETAILS
OF FEE ACTUALLY PAYABLE AND THE SHORTAGE
FEES
EXHIBIT P9 TRUE COPY OF THE LETTER DATED 24.06.2019
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P10 TRUE COPY OF THE LETTER DATED 30.09.2016 TO
THE 2ND RESPONDENT
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED
25.06.2019 TO THE 2ND RESPONDENT
EXHIBIT P12 TRUE COPY OF THE REPLY DATED 5.7.2019 ISSUED
BY THE 2ND RESPONDENT
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