B.Ed Colleges Managers ... vs State Of Kerala
2021 Latest Caselaw 22337 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

           THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR

                                    &

               THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

        TUESDAY, THE 9TH DAY OF NOVEMBER 2021/18TH KARTHIKA, 1943

                         W.P(C).NO.23432 OF 2021

PETITIONER:

            B.ED COLLEGES MANAGERS ASSOCIATION
            SELF FINANCING, BCMA-SF), REG.NO.KLM/TC/62/2020,
            CENTRAL COMMITTEE OFFICE, T.C.25/168(8),
            PANAYARAVILAKAM, PULIMOODU, THIRUVANANTHAPURAM - 695 001
            REPRESENTED BY ITS GENERAL SECRETARY, MONY.

            BY ADVS.SRI.K.MOHANAKANNAN
                    SRI.H.PRAVEEN (KOTTARAKARA)


RESPONDENTS:

    1         STATE OF KERALA
              REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

    2         PRINCIPAL SECRETARY TO GOVERNMENT
              HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM - 695 001.

    3         UNIVERSITY OF KERALA
              S.H.CAMPUS, PALAYAM, THIRUVANANTHAPURAM - 695 034
              REPRESENTED BY ITS REGISTRAR.

              BY SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
              BY SRI.JIBU T.S., GOVERNMENT PLEADER
              BY SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA

           THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
     ADMISSION ON 09.11.2021 ALONG WITH W.P(C).NO.23209/2021,
     THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
    W.P.(C).No.23432/2021
   &                                 :: 2 ::
   W.P.(C).No.23209/2021




                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

            THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR

                                         &

                 THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

        TUESDAY, THE 9TH DAY OF NOVEMBER 2021/18TH KARTHIKA, 1943

                            W.P(C).NO.23209 OF 2021

PETITIONERS:

    1          SELF-FINANCING TEACHER EDUCATION MANAGEMENT ASSOCIATION
               REGISTERED OFFICE AT MCT TRAINING COLLEGE, MELMURI,
               MALAPPURAM DISTRICT-676 514, REPRESENTED BY THE GENERAL
               SECRETARY.

    2          ORIENTAL COLLEGE OF TEACHER EDUCATION
               POONATH POST, NADUVANOOR, CALICUT-673 614,
               REPRESENTED BY ITS MANAGER.

              BY ADV.SRI.GEORGE POONTHOTTAM (SR.)
              BY ADV.SMT.NISHA GEORGE
              BY ADV.SRI.VISHNU B.KURUP


RESPONDENTS:


    1          (STATE OF KERALA
               REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL
               EDUCATION, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.)*CORRECTION*

               *THE ADDRESS OF THE 1ST RESPONDENT OCCURRING IN THE
               CAUSE-TITLE IS CORRECTED AS:
               'STATE OF KERALA, REPRESENTED BY THE SECRETARY,
               DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001'
 W.P.(C).No.23432/2021
&                                :: 3 ::
W.P.(C).No.23209/2021




            AS PER ORDER DATED 01.11.2021 IN I.A NO.1/2021 IN
            W.P(C).NO.23209/2021.

 2          LBS CENRE FOR SCIENCE AND TECHNOLOGY
            NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM-695 033,
            REPRESENTED BY THE DIRECTOR.

            BY SRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
            BY SRI.JIBU T.S., GOVERNMENT PLEADER
            BY SMT.SHAMEENA SALAHUDHEEN, SC, LBS CENTRE FOR SCIENCE
            AND TECHNOLOGY

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
   ADMISSION ON 09.11.2021 ALONG WITH W.P(C).NO.23432/2021,
   THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.23432/2021
&                                        :: 4 ::
W.P.(C).No.23209/2021




                                  JUDGMENT

A.K. Jayasankaran Nambiar, J.

The petitioners in these writ petitions are Associations of Self

Financing Teacher Education Colleges that are affiliated to the

Kannur University, Mahatma Gandhi University and Kerala

University. The grievance projected in the writ petitions is

essentially with regard to the refusal by the State Government to

accept the recommendations of a Committee that was constituted

by it to examine the claim for enhancement of fees to be collected

from students attending the B.Ed courses in the petitioner Colleges.

The Committee itself came to be constituted pursuant to the

judgment of this Court in W.P.(C).No.19545/2020, and the

Committee, that met on 3.8.2021, discussed the matter in detail

after hearing the representatives of the Self Financing Colleges.

After taking into consideration the circumstances whereby there

had been no increase in the fees for the last many years, but there

was an increase in the establishment charges of the Institutions W.P.(C).No.23432/2021 & :: 5 ::

W.P.(C).No.23209/2021

during the said years, the Committee recommended for a hike in

the annual fee to Rs.45,000/- for the 50% merit students, and to

Rs.60,000/- for the remaining 50% management students of the Self

Financing B.Ed Colleges. The increase was from the uniform fee of

Rs.29,000/- that was permitted to be collected from students under

both the 50% merit quota as also 50% management quota in the

past. As already noted, the recommendations of the Committee

were not accepted by the Government, which, by the orders

impugned in these writ petitions, maintained that on account of the

Covid pandemic situation that prevailed in the State, and affected

the earning capacity of its people, the Government had decided not

to permit an increase in fee for the current academic year.

2. Through a statement filed on behalf of the Government, it

is pointed out that the Government order dated 17.6.2021, that

restrained all Higher Education Institutions in the State from

increasing their existing fee structure, was issued taking into

account the continued spread of Corona virus and the resultant

financial difficulties faced by the families, as also to uphold the

interests of the student community. The decision was apparently

taken by the Government taking into account the present social W.P.(C).No.23432/2021 & :: 6 ::

W.P.(C).No.23209/2021

realities in the State, and the Government expected the educational

agencies to co-operate with it in implementing the said decision.

3. We have heard Sri.George Poonthottam, the learned

senior counsel, duly assisted by Adv.Sri.Vishnu B. Kurup, for the

petitioners in W.P.(C).No.23209/2021, Sri.Mohana Kannan, the

learned counsel for the petitioner in W.P.(C).No.23432/2021 as also

Sri.Asok M. Cherian, the learned Addl. Advocate General, duly

assisted by Sri.Jibu T.S., the learned Government Pleader for the

State Government. We have also heard Smt.Shameena

Salahudheen, the learned Standing counsel for the LBS Centre for

Science and Technology, who submits that the LBS Centre is no

longer entrusted with the task of making allotments to the colleges,

and hence they are unnecessary parties in the writ petitions.

4. On a consideration of the facts and circumstances of the

case as also the submissions made across the bar, we find that once

the State Government had constituted an expert committee to

consider the claim for enhancement of fees preferred by the

petitioner colleges, and the said committee had made

recommendations taking note of the social realities existing W.P.(C).No.23432/2021 & :: 7 ::

W.P.(C).No.23209/2021

pursuant to the pandemic situation prevailing in the state, it was

incumbent upon the State to show valid reasons for rejecting the

recommendations of the expert committee. The Committee itself

was constituted pursuant to directions issued by this Court to the

State Government, and the Committee so constituted comprised of

experts in the field of Higher Education including the Additional

Chief Secretary, the Vice Chancellor of the Mahatma Gandhi

University and the Deputy Director of Collegiate Education. The

relevant extract from the minutes of the meeting of the Committee

that is produced before us as Ext.P16 in W.P.(C).No.23209/2021,

reads as follows:

"1. After hearing the petitioners, the committee discussed the matter in detail and taking into consideration the circumstances that there have been no increase in fees for the last many years and the increase in the establishment charges of the institutions during these years and the spirit of the Government Order directing not to increase any kind of fees in self financing colleges during 2021-22, has decided to recommend for an annual fee of Rs.45,000/- to the 50% merit students and Rs.60,000/- for the remaining 50% Management students of the self financing B.Ed Colleges.

2. The Committee also considered the proposal dated 21.04.2021 of the Registrar, MG University for fixing the fee structure of the new generation, inter disciplinary courses sanctioned during 2020-21 and decided that University shall suggest suitable fee structure for the programmes for consideration of Government.

W.P.(C).No.23432/2021 & :: 8 ::

W.P.(C).No.23209/2021

3. The Committee considered the request dated 17.10.2020 of the Principal, MACFAT, Thiruvalla for fixing the fee structure for Msc Bio Nanotechnology and the Committee decided to recommend an amount of Rs.45,000/- per semester for the course."

We find the recommendations made by the Committee to be

reasonable especially when we find that there had been no

enhancement of fee since 2008. The Government Order that rejects

the recommendations of the Committee, does not state any valid

reason for the same except for stating generally that in view of the

pandemic situation in the State a revision of fees at this stage

would not be desirable. We cannot, however, ignore the fact that,

after a long spell of restrictions imposed in connection with the

pandemic situation, the State Government itself has taken steps for

lifting those restrictions, with a view to restore the status quo ante

and to enable its citizens to resume their economic activities. In

the wake of these developments, it would be incongruous to not

permit educational agencies in the State to collect reasonable fees

commensurate with the expenses incurred by them in providing

educational services. To strike a balance between the competing

interests of the educational agencies and the student community,

we feel the educational agencies can be permitted to collect the W.P.(C).No.23432/2021 & :: 9 ::

W.P.(C).No.23209/2021

enhanced fee recommended by the expert committee for the

academic year 2021-2022 with effect from 01.01.2022. In other

words, while we set aside the impugned Government Orders that

reject the recommendation of the expert committee, and permit the

petitioners herein to collect the enhanced fees recommended by the

committee for the academic year 2021-2022, the petitioners shall

ensure that the enhanced fee is collected only for the instructions

imparted to students after 01.01.2022 for the academic year 2021-

2022.

The writ petitions are disposed as above.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

MOHAMMED NIAS C.P.

JUDGE

prp/10/11/21 W.P.(C).No.23432/2021 & :: 10 ::

W.P.(C).No.23209/2021

APPENDIX OF W.P(C).NO.23432/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1: TRUE COPY OF THE LIST OF MEMBERS OF PETITIONERS ASSOCIATION.

EXHIBIT P2: TRUE COPY OF THE JUDGMENT DATED 29/9/2020 IN WRIT PETITION NO.19545/2020.

EXHIBIT P3: TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.22322/2020 DATED 20/10/2020.

EXHIBIT P4: TRUE COPY OF THE JUDGMENT DATED 8/12/2020 IN WRIT PETITION NO.27307/2020.

EXHIBIT P5: TRUE COPY OF THE ORDER PASSED IN COC 723/2021 DATED 4/8/2021 IN WRIT PETITION NO.27307/2020.

EXHIBIT P6: TRUE COPY OF THE GO(RT) 912/2021/H.EDN. DATED 14/7/2021.

EXHIBIT P7: TRUE COPY OF THE GOVERNMENT LETTER NO.B3/161/2021/H.EDN. DATED 30/7/2021.

EXHIBIT P8: TRUE COPY OF THE GO(RT) NO.1071/2021/H.EDN. DATED 16/8/2021.

EXHIBIT P9: TRUE COPY OF THE HEARING NOTE SUBMITTED BEFORE THE EXPERT COMMITTEE.

EXHIBIT P10: TRUE COPY OF THE MINUTES OF THE MEETING OF THE EXPERT COMMITTEE.

EXHIBIT P11: TRUE COPY OF THE GOVERNMENT ORDER GO(MS) 1357/2021/H.EDN. DATED 12/10/2021.

EXHIBIT P12: TRUE COPY OF THE SCHEDULE OF B.ED. ADMISSION W.P.(C).No.23432/2021 & :: 11 ::

W.P.(C).No.23209/2021

PUBLISHED BY THE UNIVERSITY OF KERALA.

APPENDIX OF W.P.(C).NO.23209/2021

PETITIONERS EXHIBITS:

EXHIBIT P1: TRUE COPY OF THE LIST OF MEMBER COLLEGES IN THE IST PETITIONER ASSOCIATION.

EXHIBIT P2: TRUE COPY OF THE RELEVANT PORTION OF THE WEBSITE CONTAINING THE FEE STRUCTURE NOTIFIED BY THE COLLEGES IN THE STATE OF KARNATAKA, FOR AN YEAR.

EXHIBIT P3: TRUE COPY OF THE FEE STRUCTURE FOR THE B.ED COURSE NOTIFIED BY ANNAMALAI UNIVERSITY.

EXHIBIT P4: TRUE COPY OF THE FEE STRUCTURE FOR THE B.ED COURSE NOTIFIED BY THE TAMILNADU GOVERNMENT.

EXHIBIT P5: TRUE COPY OF THE G.O.(RT) NO.1975/2020/G.EDN DATED 15.6.2020.

EXHIBIT P6: TRUE COPY OF THE REPRESENTATION DATED 25.6.2020 GIVEN TO THE GOVERNMENT BY THE UNAIDED TRAINING COLLEGE MANAGEMENT ASSOCIATION.

EXHIBIT P7: TRUE COPY OF THE REPRESENTATION DATED 23.7.2019 GIVEN TO THE GOVERNMENT BY THE KERALA STATE SELF FINANCING TEACHER EDUCATION COLLEGES MANAGERS' ASSOCIATION.

EXHIBIT P8: TRUE COPY OF THE W.P.(C).NO.19545 OF 2020, WITHOUT EXHIBITS, FILED BY THE PETITIONERS BEFORE THIS HON'BLE COURT ON 22.9.2020.

EXHIBIT P9: TRUE COPY OF THE STATEMENT IN W.P.(C).NO.19545 OF 2020 WITH ANNEXURES FILED BY THE IST RESPONDENT BEFORE THIS HON'BLE COURT ON 28.9.2020.

W.P.(C).No.23432/2021 & :: 12 ::

W.P.(C).No.23209/2021

EXHIBIT P10: TRUE COPY OF THE JUDGMENT DATED 29.9.2020 IN W.P.(C).NO.19545 OF 2020 PASSED BY THIS HON'BLE COURT.

EXHIBIT P11: TRUE COPY OF THE JUDGMENT DATED 8.12.2020 IN W.P.(C).NO.27307 OF 2020 PASSED BY THIS HON'BLE COURT.

EXHIBIT P12: TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(RT) NO.800/2021/HED DATED 17.6.2021.

EXHIBIT P13: TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(RT) NO.912/2021/HEDN DATED 14.7.2021.

EXHIBIT P14: TRUE COPY OF THE INTERIM ORDER DATED 4.8.2021 IN CON.CASE.(C).NO.723 OF 2021 PASSED BY THIS HON'BLE COURT.

EXHIBIT P15: TRUE COPY OF THE COMMUNICATION NO.B3/161/2021- HEDN DATED 30.7.2021 ISSUED BY THE GOVERNMENT.

EXHIBIT P16: TRUE COPY OF THE REPORT OF THE COMMITTEE SO CONSTITUTED FOR FIXING THE FEES OF THE SELF-FINANCING B.ED COLLEGES, DATED NIL.

EXHIBIT P17: TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(RT) NO.1357/2021/HEDN DATED 12.10.2021.

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE