Sanchana Pious vs State Of Kerala
2022 Latest Caselaw 12054 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                       WP(C) NO. 39063 OF 2022
PETITIONERS:

    1     SANCHANA PIOUS
          AGED 23 YEARS
          D/O. DR.K.PIOUS, PIOUS ILLAM, CHERIYAKOLLA P.O,
          THIRUVANANTHAPURAM- 695 504

    2     ASWIN R J
          AGED 23 YEARS
          SREERAGAM, KANCHIYOORKONAM, KATTAKKADA P.O.,
          THIRUVANANTHAPURAM-695 572

    3     FATHIMA ANZAR
          AGED 23 YEARS
          D/O. ANZAR, RESIDING AT THEKKEDTHODIYIL,
          PADINJATTATHIL, MYLAKKAD P.O, KOTTIYAM, KOLLAM- 691 571

    4     GOKUL KRISHNAN
          AGED 23 YEARS
          S/O. DR.KRISHNADAS, KADAMMATTU HOUSE, PULLIKANAKKU P.O,
          KAYAMKULAM, ALAPPUZHA- 690 537

    5     SHELJA SHAJI
          AGED 23 YEARS
          S/O. SHAJI, THEKKEMURI, SOORANADU NORTH P.O, KOLLAM-
          690 522

    6     SAIMA NAZAR SALIHAS
          AGED 23 YEARS
          D/O. SALIHAS, KANNAMPALLU BHAGOM, KAYAMKULAM,
          ALAPPUZHA- 690 502

    7     AFLA SUBHANA
          AGED 23 YEARS
          CELESTIAL HEIGHTS, FLAT NO.2, JAWAHARNAGAR, KOWDIAR
          P.O, THIRUVANANTHAPURAM- 695 003

          BY ADVS.
          BHANU THILAK
          S.R.PRASANTH
          VISHNU.R
          HARI SHANKAR PRASAD
 WP(C) NO. 39063 OF 2022
                                  2

          SARUN K. IDICULA



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, HEALTH &
          FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

    2     THE ADMISSION & FEE REGULATORY COMMITTEE
          REPRESENTED BY THE CHAIRMAN, PRASANTHI BUILDINGS, M.V.
          APPAN ROAD, VAZHUTHACADU, THIRUVANANTHAPURAM -695 001.

    3     TRAVANCORE MEDICAL COLLEGE
          MYLAPORE, UMAYANALLOOR P.O. KOLLAM- 691 589,
          REPRESENTED BY ITS CHAIRMAN.

          BY ADVS.
          SRI.P.G.PRAMOD
          P.M.SANEER

          SMT.PARVATHY K.    GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39063 OF 2022
                                 3

                            JUDGMENT

There is no doubt, as is also admitted at

the Bar by the learned counsel on both sides,

that the issues in this case have already been

covered by Ext.P2 judgment of this Court.

2. The only submission made by Sri.Kurian

George Kannanthanam - learned senior counsel,

instructed by Sri.P.M.Saneer, appearing for the

College, is that the demand made against the

petitioners is not "advance fee" or "corpus

fund", but the arrears of the current fee.

Taking note of the afore submissions, I

allow this writ petition with the following

directions:

a) The demand for advance fee, if any, in

Ext.P3, is hereby set aside; however, leaving

full liberty to the 3rd respondent - College to

approach the 2nd respondent - AFRC for such

purpose and to collect the fee at the relevant

time for the year in question.

WP(C) NO. 39063 OF 2022

b) The AFRC will take up Ext.P3

representation of the petitioners or any other

to be made by him within a period of two weeks

from the date of receipt of a copy of this

judgment or for further directions to the

Management; and to consider the same, after

affording both sides necessary opportunity of

being heard; thus culminating in an appropriate

order thereon, as expeditiously as is possible

but not later than three months from the date

of receipt of a copy of this judgment.

c) Needless to say, until such time as the

exercise ordered in (b) above is completed and

the resultant order communicated to the

petitioners, the Management will allow the

petitioners to attend the clinical postings,

regular classes and to take examinations,

without having to remit the amounts to the

'Corpus Fund'; which shall, however, be

modulated thereafter in terms of the decision WP(C) NO. 39063 OF 2022

to be taken by the AFRC pursuant to the afore

directions.

d) To reiterate, I have not entered into

the merits of any of the rival contentions and

they are all left open to be decided

appropriately by the AFRC during the afore

ordered exercises.

e) Needless to say, the question of refund

of the amounts already collected by the College

will also be considered by the AFRC and their

opinion reflected in the resultant order.

I, however, clarify that the afore

directions will apply only as against the

"advance fee" and "corpus fund", but not to any

arrears of current fee, which the College can

recover as per law.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 39063 OF 2022

APPENDIX OF WP(C) 39063/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGEMENT DATED 23-07-2020 IN WP(C) NO. 10792/2018

Exhibit P2 TRUE COPY OF THE JUDGEMENT DATED 16-09-2022 IN WP(C) 29568/2022

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 20-10-

2022 PREFERRED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT AUTHORITY

Exhibit P4 TRUE COPY OF THE ACKNOWLEDGEMENT CARD