Kerala High Court
Gopika C. Menon vs State Of Kerala on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
RP NO. 248 OF 2023(G)
WP(C) 1468/2019 OF HIGH COURT OF KERALA, ERNAKULAM
REVIEW PETITIONER/PETITIONERS 12,3,4,7,8,9,14,15,16,17,19,20,21,23 & 24:
1. GOPIKA C. MENON, AGED 21 YEARS, D/O. SANTHOSH K. MENON,
NARAYANEEYAM, ANNARA, THIRUR (P.O) MALAPPURAM- 676101
2. VIJITH VICTOR, AGED 21 YEARS, S/O. VICTOR, PUTHUVILA KIZHAKKATHIL,
MYLAKKADU (P.O.), KOTTAYAM KOLLAM- 691571
3. NIVYA K., AGED 20 YEARS, D/O. PRAJOSHKUMAR T. 'SAGARKA', ERUVATTY
(P.O), KADIRUR (VIA) KANNUR- 670642
4. SHABANA JASMIN P.C., AGED 20 YEARS, D/O. UMMER P.C. PERAPURATH
CHENIPARAMBIL HOUSE, MUTHIRIPARAMBA VALLUVAMRAM P.O., MALAPPURAM-
673642
5. SHAHEENA V.S., AGED 20 YEARS, D/O. SULAIMAN V.H. VETTITHULATHIL
HOUSE, PARADHANI, VADAKKANCHERRY P.O.- 678683
6. KRISHNA C.S., AGED 21 YEARS, D/O. C.S. SACHIDANANDAN, CHEMMALA
HOUSE, KUDAVECHOOR. P.O., VAIKOM, KOTTAYAM- 686144
7. HAJARA C., AGED 19 YEARS, D/O. SULAIMAN C., CHERUVATH HOUSE, PANOOR
(P.O). KANNUR- 670692
8. KRISHNA RAJASEKHARAN, AGED 32 YEARS, KRISHNA KRIPA, KPNRA-32,
VATTEKUNNAM, EDAPPALLY NORTH P.O., ERNAKULAM- 682024
9. FATHIMA MUSTHAFA, AGED 20 YEARS, D/O. MUSTHAFA P., SHAN'S
ATHAZHAKUNNU, P.O. KOTTALI KANNUR- 670005
10. AFNITHA A., AGED 21 YEARS, D/O. ABOOBACKER, ALAN HOUSE, CHENNLODE,
ARAMBATTUKUNNU P.O. WAYANAD- 673575
11. DANIYA SHYMAHU M., AGED 21 YEARS, D/O. SIDDIQUE M. MACHINCHERY
HOUSE, PALATHINGAL, ULLANAM (P.O) PARAPPANANGADI, MALAPURAM- 676303
12. ASHLY VIJAYAN, AGED 21 YEARS, D/O. VIJAYAN, ROHNI NILAYAM, T.V.
PURAM P.O. VAIKOM, KOTTAYAM- 686606
13. SANA V., AGED 21 YEARS, D/O. HAMSA V., 'SANAM', GREEN GARDENS, NEAR
HOMEO COLLEGE, KARAPARAMBA P.O. KOZHIKODE- 673010
14. AMRUTHA SIVAN, AGED 20 YEARS, D/O. P.M. SADASIVAN, SIVA BHAVANAM,
KUTTEMPEROOR P.O MANNAR, ALAPPUZHA- 689623
15. FATHIMA FEMINA, AGED 20 YEARS, D/O. ADBUL GAFOOR, CHULLIYANKANDY
HOUSE, POONATH P.O., NADUVANNUR (VIA), KOZHIKODE- 673614
RESPONDENTS/RESPONDENTS & PETITIONERS 1,2,5,6,10,11,13,18,22 & 25:
1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, HEALTH &
FAMILY WELFARE (S) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-
695001
2. ADMISSION AND FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES IN
KERALA TC 15/1553-4 PRASANTHI BUILDINGS, M.P. APPAN ROAD,
VAZHUTHAKKAD, THIRUVANANTHAPURAM- 695014
3. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS,
SANTHI NAGAR, THIRUVANANTHAPURAM- 695001
4. PARIYARAM DENTAL COLLEGE PARIYARAM, KANNUR REPRESENTED BY ITS
CHAIRMAN, BOARD OF CONTROL APPOINTED BY THE GOVERNMENT OF KERALA-
670503
5. THE PRINCIPAL PARIYARAM DENTAL COLLEGE, PARIYARAM, KANNUR- 670503
6. VRINDA MOHAN, D/O V.P. MOHANAN, AGED 19 YEARS, VALIYAPURAYIL,
PAZHASSI P.O., PAVANNOOORMOTTA, KANNUR - 670 602
7. KARTHIKA S., D/O SMITHA P.S., AGED 21 YEARS VYSHNAVAM HOUSSE,
MALLIKA, THATTAYIL P.O. ADOOR, PATHANAMTHITTA - 691 525.
8. MANISHA K.M., D/O MANI, AGED 21 YEARS, KUNNATHULLY HOUSE,
KOONAMMOOCHI P.O., THRISSUR - 680 504
9. SHIVANI S. PILLAI, D/O K. SADASIVAN PILLAI, AGED 19 YEARS, B- 1/311
ARAVALI APARTMENTS SECTOR -34, NOIDA - 201 301
10. FENNY ANTO MARIYA D/O ANTONY P., AGED 21 YEARS, PERUMPANACHY HOUSE,
MATTARAKKAL P.O. PERINTHALMANNA (VIA), MALAPPURAM - 679 322
11. K.M. LAKSHMI PRIYA, D/O MANI K.R., AGED 20 YEARS, KUNNAPILLY HOUSE,
CHERAI P.O. CHERAI, ERNAKULAM - 685 514
12. FIDHA AZEEZ, D/O ABDUL AZEEZ, AGED 21 YEARS, KANJIRATHODI HOUSE,
MAVOOR P.O., KOZHIKODE - 673 661
13. MARIA MARTIN, D/O MARTIN K.M., AGED 20 YEARS KADAKUKZHA HOUSE,
THADIKKADAVU P.O. KANNUR - 670 581
14. HIBA FATHIMA C., D/O ABDUL SALAM C., AGED 20 YEARS 'REGALO' NEAR
POST OFFICE, THANGAL VAYAL, VALAPATTANAM P.O., KANNUR - 670 010
15. SHAMHA T.M., D/O ABDUL RAHMAN M., AGED 20 YEARS, SAFA MAHAL,
THALICHALAM, ELAMBACHI P.O., KASARGOD - 671 311 (RESPONDENTS 6 TO 15
ARE DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 5/04/2023 IN RP
248/2023 IN WPC NO.1468/2019).
Review Petition praying inter alia that in the circumstances stated
in the affidavit filed along with the RP the High Court be pleased to:
(a) Allow this Review Petition and direct the Respondent No. 4
Pariyaram Dental College, to accept the arrears of fee from the Petitioner
students at the rate of Rs. 2,10,000/- (Rupees Two Lacs and Ten Thousand
Only) and that too, in at least two instalments and in the process, modify
/ review its judgment dated 19/05/2022 in WP(C)No.1468/2019, qua the
Petitioners students before this Hon'ble Court and read the same to be in
sync with the directions of the Hon'ble Supreme Court in the case of
Vrinda Mohan as mentioned above, with the undertaking that the Petitioner
students shall be willing to pay, without demur, the deficit amount
between their advertised rates of Rs. 2,10,000/- (Rupees Two Lacs and Ten
Thousand Only) and the demanded amount of Rs. 2,90,000/- (Rupees Two Lacs
and Ninety Thousand Only) for the BDS merit quota student fee, per year in
such time as directed by this Hon'ble Court, should the Petitioners
students be visited with an adverse situation / order; (b) Direct the
Respondent No.4 College, not to indulge in any coercive measures and allow
the said Petitioners students to participate in their House Surgeonship
course commencing January/ February, 2023, at the said college; (c) Pass
such other and further order and / or orders as this Hon'ble Court may
deem fit and proper in the facts and circumstances of the case
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support thereof RP and this Court's Judgment
dated 19.05.2020 and upon hearing the arguments of M/S.SHAJU FRANCIS &
SWAPNALEKHA K.T., Advocates for the petitioners in RP/PETITIONERS
12,3,4,7,8,9,14,15,16,17,19,20,21,23 & 24 in WP(C),Government Pleader for
R1 to R3 in RP/WP(c) and Sri. SYAMANTHAK Advocate for R4 and R5 and
Sri.MAHESH V. RAMAKRISHNAN for R6 to R15 in RP/petitioners in WP(C) the
court passed the following:
P.B.SURESH KUMAR & SOPHY THOMAS, JJ.
-----------------------------------------------
R.P.No.248 of 2023
in
W.P.(C) No.1468 of 2019
-----------------------------------------------
Dated this the 13th day of April, 2023.
ORDER
Heard the learned counsel for the petitioners as also the
learned Government Pleader.
2. Having regard to the fact that the fees required to be
paid by the petitioners in terms of the notification issued at the time
of their admission to the BDS Course was only Rs.2,10,000/- per year
and the fact that the said prescription was modified by the Fee
Regulatory Committee adverse to the interests of the petitioners
without affording them an opportunity of hearing, we deem it
appropriate of pass an interim order directing respondents 3 to 5 to
admit the petitioners for House Surgency on condition that they shall
pay the fees due upto date at the rate of Rs.2,10,000/- per year and
shall file an undertaking before the fourth respondent that they will
pay the deficit fee, in the event of the dismissal of the review
petition. Ordered accordingly. It is made clear that those among the
petitioners who have already remitted the revised fee will not be
entitled to raise any claim for refund of fee based on this order.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Sd/-
SOPHY THOMAS, JUDGE.
Mn
13-04-2023 /True Copy/ Assistant Registrar
