Kerala High Court
Radhika Sankar vs State Of Kerala on 3 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
WP(C) NO. 42260 OF 2022
PETITIONER:
RADHIKA SANKAR,
AGED 25 YEARS,
D/O. C.R.RAVISANKAR, MBBS COMPLETED STUDENT DOING HOUSE
SURGENCY, BELIEVERS CHURCH MEDICAL COLLEGE, THIRUVALLA,
RESIDING AT SANTHRA, MULLOTHU LANE, PAZHAVEEDU.P.O.,
ALAPPUZHA, PIN - 688009
BY ADVS.
VIVEK NAIR P.
C.UNNIKRISHNAN (KOLLAM)
ANANDA PADMANABHAN
VIJAYKRISHNAN S. MENON
UTHARA A.S
AMRITHA PADMAKUMAR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF
HEALTH & FAMILY WELFARE, SECRETARIAT, TRIVANDRUM, PIN -
695001
2 THE DIRECTOR OF MEDICAL EDUCATION
MEDICAL COLLEGE PO, TRIVANDRUM, PIN - 695001
3 THE PRINCIPAL
S.R. MEDICAL COLLEGE AND RESEARCH CENTRE, AKATHUMURI,
VARKALA, TRIVANDRUM, PIN - 695301
4 THE CHAIRMAN
S.R. MEDICAL COLLEGE AND RESEARCH CENTRE, AKATHUMURI,
VARKALA, TRIVANDRUM- 695301 RUN BY SR EDUCATIONAL AND
CHARITABLE TRUST, VENNICODE P.O., AKATHUMURI, VARKALA.
5 S.R. MEDICAL COLLEGE AND RESEARCH CENTRE
AKATHUMURI, VARKALA, TRIVANDRUM- 695301 RUN BY S.R.
EDUCATIONAL AND CHARITABLE TRUST, VENNICODE P.O., AKATHUMURI,
VARKALA REPRESENTED BY ITS CHAIRMAN, PIN - 695301
WP(C) NO. 42260 OF 2022 -2-
6 THE ADMISSION SUPERVISORY AND FEE REGULATORY COMMITTEE FOR
MEDICAL EDUCATION, KERALA
REPRESENTED BY ITS SECRETARY, TC 15/1553-4, PRASANTHI
BUILDING, M P APPAN ROAD, VAZHUTHACAUDU, TRIVANDRUM,
PIN - 695014
7 THE PRINCIPAL/DEAN
BELIEVERS CHURCH MEDICAL COLLEGE, THIRUVALLA., PIN - 689103
8 KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR, PIN - 695034
OTHER PRESENT:
SMT. MARY BENJEMIN,SC, ADMISSION SUPER VISORY COMMITTEE,
SHRI. P. SREEKUMAR,SC,KUHS. SRI. P.M. SANEER ADV. BY COURT
ORDER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = =
W.P.(C) No.42260 of 2022
= = = = = = = = = = = = = = = = = =
Dated this the 3rd day of February, 2023
J U D G M E N T
Petitioner secured admission in S.R. Medical
College & Research Centre for MBBS, in the academic year
2016-17. Since the essentiality certificate of the
college was withdrawn by the State of Kerala, the
petitioner got re-allotted in Believers Church Medical
College, Tiruvalla, and was admitted in the fifth
semester.
2. The petitioner sought for return of the excess
fee collected by the College. The petitioner contends
that, though she was entitled for refund of ` 38 lakhs
from out of the remitted amount of ` 63,25,300/-, she
was refunded only ` 15,13,031/-. The petitioner claimed
refund of balance. The sixth respondent Admission
Supervisory and Fee Regulatory Committee for Medical
Education, as per Ext.P1, ordered refund of only
W.P.(C) No.42260 of 2022
` 10,65,500/-. The writ petition is filed seeking a
direction for payment of the amount as ordered under
Ext.P1 and also challenging Ext.P1 to the extent it
declined the claim of the petitioner.
3. Heard learned counsel on either side.
4. Similarly placed students had approached this
Court in W.P.(C) Nos.30450/2022, 21486/21 and connected
cases. The writ petitions were disposed of with various
directions including, to the college to deposit the
amounts as ordered by the Committee and also directing
recovery of the same. The claim of the students in so
far as it was negatived by the Committee was directed to
be reconsidered. The very same directions could be
granted in the present case also.
5. Accordingly the writ petition is disposed of
with the following directions :-
a) The 5th respondent - College is directed to
deposit the amounts quantified by the AFRC in Ext.P1,
W.P.(C) No.42260 of 2022
within a period of one month from the date of receipt of
a copy of this judgment.
(b) The Government is directed to initiate revenue
recovery proceedings to recover the amounts covered by
the orders of the AFRC forthwith, in the event the
College do not abide by the direction in (a) above. Such
recovery action shall be continued, giving credit to any
amounts that may be received by the AFRC in terms of
directions (c) and (d) below; and remitted to the AFRC
without delay, in whole or in tranches, depending upon
the actual recovery. If the said amounts or parts
thereof are not recovered within six months from the
date on which Revenue Recovery proceedings are
initiated, the Government shall remit the same to the
AFRC and then proceed to recover it from the College
under the Revenue Recovery Act.
(c) The Kerala University of Health Sciences will,
after adjustment of all liabilities of the College, if
W.P.(C) No.42260 of 2022
any, remit the security deposit to the AFRC, which shall
be done not later than two weeks from the date of
receipt of a copy of this judgment.
(d) The NMC will, subject to any liability that may
be due from the College to them, will return the Bank
Guarantees to the College within a period of two weeks
from today. On the Bank Guarantees being so received by
the College, they will immediately approach the Banks
and obtain back the amounts maintained as security for
its issue and remit it to the AFRC, within a period of
two weeks thereafter.
(e) As and when amounts are received by the AFRC in
terms of the afore directions, steps will be taken to
release it to the petitioner.
(f) Finally, in addition to the afore directions,
this Writ Petition is allowed to the extent to which the
AFRC has limited the claims of the petitioners therein
to the figures mentioned in the respective orders; with
W.P.(C) No.42260 of 2022
a consequential direction to the said Committee to
reconsider their contentions regarding the enhancement
of the amounts due to them, which shall be done after
hearing them, the College, as also the KUHS. For this
purpose, all contentions of the rival parties in such
regard are left open to be decided appropriately by the
Committee. Needless to say, if, after this exercise, the
AFRC is to find more amounts are due to the petitioners
in these cases, recovery of the same will be as per the
afore directions, save with appropriate modifications of
the time frames and schedules, which will commence from
the date of the fresh order of the AFRC.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 42260/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER DATED 02/04/2022
ISSUED BY THE 6TH RESPONDENT ASC.
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 14.12.2022
OF THIS HON'BLE COURT IN WP 30450/2022.
-----
