Kerala High Court
Ramin Mohamood vs The State Of Kerala on 23 September, 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.
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
WP(C) NO. 3113 OF 2021
PETITIONER:
RAMIN MOHAMOOD
AGED 22 YEARS
S/O. MAHAMOOD PA, SALMAS HOUSE, BEACH ROAD-
KOZHIKODE-673 008.
BY ADVS.
SRI.NIRMAL. S
SMT.VEENA HARI
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY,
MINISTRY OF HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
TRIVANDRUM-695 001.
2 THE FEE REGULATORY COMMITTEE FOR PROFESSIONAL
COLLEGES
ERNAKULAM OFFICE, RAM MOHAN PALACE,
OLD HIGH COURT BUILDING, ERNAKULAM-682 031,
REPRESENTED BY ITS CHAIRMAN.
3 THE CHAIRMAN
FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES,
ERNAKULAM OFFICE, RAM MOHAN PALACE,
OLD HIGH COURT BUILDING, ERNAKULAM-682 031.
4 THE COMMISSIONER OF ENTRANCE EXAMINATION
5TH FLOOR, HOUSING BOARD BUILDING,
SANTHI NAGAR,
THIRUVANANTHAPURAM-695 001.
:2:
WP(C).No.3113 of 2021
5 THE PRINCIPAL
AWH ENGINEERING COLLEGE,
KUTTIKKATTOOR, CALICUT-673 008.
BY SR GOVT. PLEADER SRI.PREMCHAND R NAIR.
BY ADV.SRI.R.SURENDRAN
BY ADV.SMT.S.MAYUKHA
BY ADV.SRI.R.T.PRADEEP, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No.3113 of 2021
JUDGMENT
Mohammed Nias C.P., J.
The petitioner herein, admitted under the State merit quota has
completed his B.Tech Course in Electrical and Electronics Engineering
from the 5th respondent college. He submits that his father is a local
trader earning approximately Rs.5,000/- per month, and further submits
that he belongs to the non-creamy layer category and that he is entitled
to get the benefit of the Tuition Fee Waiver Scheme. At the time of
admission, a wrong entry was made with respect to the annual family
income, which was later corrected vide Ext. P3 certificate. In spite of
the corrected certificate being given, the 4 th and 5th respondents are
not giving the concession, to which he is entitled. Pleading the above,
the Writ Petition was filed with the following reliefs:
"i. Issue a writ of mandamus directing the
respondents to extend the benefit of Tuition Waiver
Scheme as per Ext.P4 G.O and Ext.P5 scheme to the
petitioner and to waive the balance amount due from the
petitioner.
ii. Issue a writ of mandamus directing the 4 th
respondent to consider Ext.P11 representation at the
earliest.
iii. Issue a writ of mandamus directing the 5 th
respondent to release the 10th, 12th and course completion
WP(C).No.3113 of 2021
certificate of the petitioner herein and all other
documents retained by the 5th respondent college.
iv. Issue any other writ, order, or direction this Hon'ble
Court deems fit to grant under the fact and circumstances
of this case."
2. While issuing notice on 26.02.2021, this Court directed the
District Collector, Kozhikode to cause an enquiry to be made with
regard to the annual family income of the petitioner and to submit a
report clearly stating the annual family income of the petitioner. This
was to ascertain the petitioner's entitlement to the benefit of the
Tuition Fee Waiver Scheme. Accordingly, a report was filed by the
District Collector stating that though the family has a property
measuring seven cents of land, no income is received from the same,
and that, the father of the petitioner is running a partnership business
earning only less than Rs.1,00,000/- as annual income. It is also stated
in the report that the petitioner's mother is unemployed.
3. The petitioner would submit that in view of the corrected
statement showing the family income as well as the report filed by the
District Collector pursuant to the order of this Court he is entitled to
get the benefit of fee concession.
4. The 5th respondent has filed a counter affidavit pointing out
WP(C).No.3113 of 2021
that the petitioner cannot be considered for any fee concession as there
was no such request at the time of admission, and that the
Commissioner of Entrance Examinations also has not granted any such
benefit. The Village Officer's Report produced in 2016 showed an
annual income of Rs.1,80,000/-, on the basis of which, the petitioner
was declined fee concession. He also submits that that the college has
only admitted students on the basis of the list forwarded by the
Commissioner of Entrance Examinations.
5. We heard the learned counsel on either side.
6. Taking note of the fact that the petitioner had admittedly not
claimed the benefit of fee concession/waiver in the application form
submitted to the 5th respondent college, the stand of the latter cannot
be said to be unreasonable. We find, however, that in Ext.P4 G.O there
is a provision for extending concessions to students who paid a higher
fee at the time of admission but who were later found to be entitled for
such concessions. Taking note of the said provision as also the passage
of time and the continued impecunity of the petitioner, we feel that
notwithstanding the absence of any legal right in the petitioner to claim
fee concessions, the ends of justice would require us to reduce the
amount determined as outstanding to the 5 th respondent college.
WP(C).No.3113 of 2021
7. When the matter came up for consideration on 22.09.2021,
we put it to the learned counsel for the petitioner whether they were
willing to pay a portion of the amount towards balance fee payable,
namely Rs.72,200/-, said to be balance according to the 5 th respondent
college. We adopted such a course taking into account Ext.P3
certificate issued by the Village Officer as well as the report of the
District Collector mentioned above. It is brought to our notice that the
certificates of the petitioner have also been withheld by the college for
non-payment of the balance fee. To our suggestion, the learned counsel
for the 5th respondent college expressed their inability to make any
concession stating that presently the college is being administered by a
Receiver appointed by the civil court. On an anxious consideration, we
feel that at this distance of time, the petitioner having successfully
completed the course and the fact that his annual income is shown to
be Rs.1,00,000/-, we deem it appropriate to show some indulgence
given the peculiar circumstances. We make it clear that this cannot be
treated as a precedent in future. Accordingly, we direct the petitioner
to make a payment of Rs.25,000/- (Rupees twenty five thousand only)
in full and final settlement of the claim of the 5 th respondent college
within a period of one month from today and on making such payment
the 5th respondent college shall forthwith handover the 10 th, 12th and
the course completion certificate of the petitioner and all the other
WP(C).No.3113 of 2021
documents, if any, retained by the College. We make it clear that
while issuing this direction, we have also taken into account the
difficulties that would be faced by the college in realising the amount
from the petitioner as also the necessity for averting a long drawn
litigation.
The Writ Petition is disposed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
mns
WP(C).No.3113 of 2021
APPENDIX OF WP(C) 3113/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DATA SHEET OF THE CANDIDATE
DATED 2.7.2016.
EXHIBIT P2 TRUE COPY OF THE ALLOTMENT MEMO DATED
10.7.2016.
EXHIBIT P3 TRUE COPY OF THE INCOME CERTIFICATE DATED
4.7.2018.
EXHIBIT P4 TRUE COPY OF THE G.O(MS)NO.155/2016/H.EDU
DATED 30.6.2016.
EXHIBIT P5 TRUE COPY OF THE CIRCULAR NO.1-MS/AICTE/2011
DATED 28.7.2011.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 31.3.2018, BY
THE 5TH RESPONDENT TO THE PETITIONER HEREIN.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
14.9.2018.
EXHIBIT P8 TRUE COPY OF THE REPLY LETTER BY 4TH
RESPONDENT DATED 9.11.2018.
EXHIBIT P9 TRUE COPY OF THE LIST OF CANDIDATES.
EXHIBIT P10 TRUE COPY OF THE LETTER DATED 6.1.2021.
EXHIBIT P11 TRUE COPY OF THE LETTER DATED 13.1.2021.
EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED
WP(C).No.3113 of 2021
13.1.2021.
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
