Kerala High Court
Sarath M.K vs State Of Kerala on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 4359 OF 2022
PETITIONERS:
1 SARATH M.K
AGED 34 YEARS
S/O. M.K.KUMARAN, MELAKUNNEAL HOUSE, CHELACHUVADU P.O.,
IDUKKI, PIN-685606.
2 JAYACHANDRAN U.A.,
AGED 56 YEARS
S/O. AYYAPPAN, GOVINDAM, XII/377A, KTRA 50, KUREEKKADU, PIN-
682305.
BY ADVS.
T.KABIL CHANDRAN
R.ANJALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, SCHEDULED CASTE AND
SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, KERALA STATE,
THIRUVANANTHAPURAM, PIN-695001.
2 THE DIRECTOR,
SCHEDULED CASTE AND SCHEDULED TRIBE DEVELOPMENT DEPARTMENT,
KERALA STATE, THIRUVANANTHAPURAM,
PIN-695033.
3 THE DISTRICT OFFICER,
SCHEDULED CASTE AND SCHEDULED TRIBE DEVELOPMENT DEPARTMENT,
COLLECTORATE BUILDING, KAKKANADU, PIN-682030.
4 KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES,
REPRESENTED BY THE REGISTRAR, PANANGADU, KOCHI, PIN-682506.
BY ADV SHRI.N.SATHEESH, SC, KERALA UNIVERSITY OF FISHERIES OF
OCEAN STUDIES KUFOS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.P.(C)No. 4359 of 2022.
JUDGMENT
Dated this the 6th day of July, 2022.
The petitioners say that they are members of
Scheduled Caste/Scheduled Tribe Communities and have
successfully completed the L.L.M Maritime Course from
the 4th respondent Kerala University for Fisheries and
Ocean Studies ("University" for short). They say that,
however, their Mark Lists, Conduct Certificates and
Transfer Certificates are being withheld by the University
on the ground that they have not paid the tuition fee,
which, according to them is not liable to be remitted by
them because they are members of the SC/ST
communities.
W.P.(C)No. 4359 of 2022.
2. The petitioners thus pray that University be
directed to issue to them all the afore certificates within
a time frame to be fixed by this Court.
3. The contentions as above of the petitioners,
made by their learned counsel - Sri.Kabil Chandran T.,
were answered by Sri.N.Satheesh - learned Standing
Counsel for the University, saying that Exts.P3 and P4
orders issued by the Assistant District Officer for SC/ST
Development Department and the Principal Secretary to
the Government respectively, would render it indubitable
that a person who studies a part - time course, or who
avails Leave Without Allowances for the purpose of
higher studies - be that a member of the SC/ST
community or otherwise - would not be entitled to any
benefits of fee concession or reduction of fees. He
W.P.(C)No. 4359 of 2022.
submitted that, therefore, unless the petitioners remit
the fees, they cannot be allowed to obtain the Transfer
Certificate or other certificates, since it would enable
them to walk away without any consequences. He added
that, in this case, the 1st petitioner is a Civil Police Officer;
while the 2nd one is the Divisional Manager of the LIC and
therefore, that they cannot be permitted to act contrary
to the Exts.P3 and P4 orders.
4. Smt.Latha Thankappan - learned Special
Government Pleader, submitted that Exts.P3 and P4
orders govern all the aspects relating to payment of fees
by all Government Servants - without distinction as to
their status - and that the petitioners - who are
admittedly Government employees - cannot be given
any benefit as claimed by them.
W.P.(C)No. 4359 of 2022.
5. In reply, Sri.Kabil Chandran T., submitted that
Exts.P3 and P4 only relate to those Government
employees belonging to SC/ST communities who have
availed Leave Without Allowances for the purpose of
higher education. He submitted that since his clients
have not availed of any such leave, but are continuing in
service, simultaneously pursuing education on a part -
time basis, they are entitled to fee concession, as are
applicable.
6. I must say that the afore submissions of
Sri.Kabil Chandran T. cannot appeal to this Court
because, Ext.P3 renders it indubitable that a member of
the SC/ST communities, who is an employee of the
Government, would not be entitled to obtain fee
concession or exemption from it, for higher education,
W.P.(C)No. 4359 of 2022.
whether the course is a part - time or whether it is being
pursued after obtaining Leave Without Allowances. This
has been reiterated in Ext.P4 by the Government, which
makes it additionally clear that members of SC/ST are
also not entitled to any such fee concession as an
exemption. Pertinently, the petitioners do not assail
these orders, but are verifying on them.
7. It is, therefore, luculent that petitioners cannot
seek any relief as has been sought for in this writ
petition, hinged on Exts.P3 or P4 orders.
8. However, the further question remains is if the
University can withhold the Transfer and other relevant
certificates of a student who refuses to remit the
applicable fees. Sri.N.Satheesh concedes, to a pointed
from this Court, that there is no specific Regulation or
W.P.(C)No. 4359 of 2022.
Provision allowing the University to do so, but argued
that unless this is done, the petitioners will walk away
without remitting the fees.
9. Taking note of the fact that petitioners are
Government Servants, holding responsible posts, I am
certain that they must also act in equity when they seek
equity.
In the afore circumstances, I order this writ petition
with the following directions:
(a) The petitioners will remit the applicable fees to
the 4th respondent within a period of three weeks from
the date of receipt of a copy of this judgment.
(b) The University will, whether they receive the
fees or otherwise in terms of the afore directions, release
the Transfer Certificates, as also the educational and
W.P.(C)No. 4359 of 2022.
other certificates, to the petitioners within a period of
two weeks from the date of receipt of a copy of this
judgment.
(c) In the event the petitioners do not comply with
the directions in (a), the University will have full liberty to
initiate any appropriate action against them for recovery
of the fees, including by approaching their employer for
such purpose; and all their liberties in such regard are
left open.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Raj/06.07.2022.
W.P.(C)No. 4359 of 2022.
APPENDIX OF WP(C) 4359/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTIFICATION
NO.EXAM3/6068/2019(ii) ISSUED BY THE 4TH
RESPONDENT UNIVERSITY CONTAINING THE
PERCENTAGE OF MARKS OBTAINED BY THE
PETITIONERS.
Exhibit P2 A TRUE COPY OF THE NOTICE DATED 21.10.2021
ISSUED BY THE 4TH RESPONDENT UNIVERSITY.
Exhibit P3 A TRUE COPY OF THE COMMUNICATION DATED
8.11.2021 ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONERS.
Exhibit P4 A TRUE COPY OF THE LETTER DATED 31.7.2017
ISSUED BY THE PRINCIPLE SECRETARY TO 2ND
RESPONDENT.
Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED
22.4.2015 ISSUED BY THE 1ST RESPONDENT TO THE
2ND RESPONDENT.
Exhibit P6 A TRUE COPY OF THE QUESTIONS SUBMITTED BY THE
1ST PETITIONER UNDER THE RIGHT TO INFORMATION
ACT.
Exhibit P7 A TRUE COPY OF THE ANSWERS FURNISHED BY THE
3RD RESPONDENT UNDER THE RIGHT TO INFORMATION
ACT DATED 18.1.2022.
Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED
30.11.2021.
