Kerala High Court

Ashwathi Prasanth vs State Of Kerala on 22 June, 2023

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                       WP(C) NO. 19326 OF 2023
PETITIONERS:

    1       ASHWATHI PRASANTH,
            AGED 22 YEARS, D/O DR.PRASANTH K., PERALAM, PAYYANUR,
            KANNUR -, PIN - 670307

    2       ROVAN ANJAL T.SIDDEEK
            AGED 22 YEARS
            S/O DR.K.P.A.SIDDEEK, AGED 22 YEARS, CAMEO, M.M.ROAD,
            THALASSERY, KANNUR -, PIN - 670101

    3       ASEEM MOHAMMED ASHRAF
            AGED 22 YEARS,
            S/O MOHAMMED ASHRAF, AGED 22 YEARS, NAVIYANTE
            PARAMBATH, KUTTIADI P.O., KOZHIKODE -, PIN - 674508

    4       MEGHANA H
            AGED 22 YEARS
            D/O HEMACHANDRAN K., AGED 22 YEARS, CHAITHANYA,
            NARAYANA NAGAR, VADAKARA, KOZHIKODE -, PIN - 673001

    5       FIDVI FAZAL
            AGED 22 YEARS, S/O FAZALUDHEEN OLIYATH, PALLIVEED, EAST
            NADA, KODUNGALLUR, THRISSUR., PIN - 680664

    6       SHREYA PAVANGAT
            AGED 22 YEARS
            D/O DR.BEHIRSHAN P, PAVANGAT HOUSE, P.O.PUTHIYANGAI,
            KOZHIKODE -, PIN - 673021

    7       KADEEJA ZEBA. A
            AGED 22 YEARS, D/O SIRAJ ALI A.K, AVULAN HOUSE,
            PONMALA, TIRUR TALUK, MALAPPURAM., PIN - 676101

    8       ASWATHI PRADEEPKUMAR
            AGED 22 YEARS, D/O K. PRADEEPKUMAR, 10/417, ASWATHY,
            VELLAROAD, MANKARA, PALAKKAD -, PIN - 678613

    9       HASNA M.C.
            AGED 22 YEARS
            D/O BEERAVUNNI, MACHINCHERI HOUSE, PUTHUR, KUTTIPALA,
            MALAPPURAM., PIN - 676501
 W.P (C) No.19326/2023              -2-

     10       GAYATHRI M
              AGED 22 YEARS
              D/O MANIKANTAN M.K.,MANNADIYATHIL HOUSE, ELAVUMTHITTA,
              MUTTATHUKONAM, PTHANAMTHITTA -, PIN - 689625

     11       AMAL A.J.
              AGED 22 YEARS
              S/O AJIKUMAR M, PUTHENVILA VEEDU, THOTTAVARAM,
              KODUVAZHANOOR P.O., THIRUVANANTHAPURAM -, PIN - 695612

     12       KAVYA S.
              AGED 22 YEARS
              D/O SADEESHAN PILLAI, AGED 22 YEARS, V.C.BHAVAN,
              PARIPPALLY, KOLLAM - ., PIN - 691574

     13       SREELEKSHMI P.
              AGED 22 YEARS
              D/O PRABHAKARAN NAIR C.M, CHEMBU PARAMBIL, BALAGRAM
              P.O., IDUKKI, PIN - 685552

     14       ASWATHI SIVADAS
              AGED 22 YEARS, D/O SIVADASAN T.P , KRISHNAPRIYA,
              P.O.CHELERI, KANNUR -, PIN - 670604

     15       ASWATHY KRISHNA. V
              AGED 22 YEARS, D/O KRISHNAKUMAR G.S., SYAMASADANAM,
              NR.G.H,S.SCHOOL, MARAYAMUTTOM P.O., NEYYATTINKARA,
              THIRUVANANTHAPURAM -, PIN - 695124

     16       SOURAV. C
              AGED 22 YEARS
              S/O SUNIL KUMAR C., , SARAYU, POST THIRUVANGAD,
              KUTTIMAKKOOL, THALASSERY, KANNUR -, PIN - 670103

     17       ANJALI M.K.,
              AGED 22 YEARS, D/O T.SAJEEV KUMAR, SOPANAM, RAINBOW
              GRADENS, THIRUVAMBADY POST, PATTURAIKKAL, THRISSUR -,
              PIN - 680022

     18       AISWARYA S.
              AGED 22 YEARS
              D/O VIJAYAKUMARAN NAIR G., LOVE SHORE, SNRA 4K, SWATHI
              NAGAR LANE 4A, SAP CAMP, PROORKKADA P.O.,
              THIRUVANANTHAPURAM -, PIN - 695005

     19       ABHIRAMI S.H
              AGED 22 YEARS
              D/O HARISHBABU N.R, TC-65/2220(1), THIRUVALLAM P.O.,
 W.P (C) No.19326/2023              -3-

              THIRUVANANTHAPURAM -, PIN - 695027.

     20       MUFEEDA V.K.
              AGED 22 YEARS
              D/O C.H.MOHAMMED RAFI, FOUSIYA MANZIL, ILLIPURAM,
              PAPPINISSERY WEST P.O., KANNUR, PIN - 670561

     21       VAISHNAV,
              AGED 22 YEARS
              S/O GOPAKUMAR MEDAYI, MADAYIL HOUSE, OPP. LEAD COLLEGE
              OF MANAGEMENT, DHONI P.O., PALAKKAD -, PIN - 678009

     22       SUFAID MAMMOO
              AGED 22 YEARS
              S/O MAMMOO, MUFEEDA MANZIL, ENTHODE, PAPPINISSERI,
              KANNUR, PIN - 670561

     23       LAKSHMI R.
              AGED 22 YEARS, D/O ROY, PONNAKUDOM, KANGARAPADY,
              VADACODE, ERANAKULAM -, PIN - 682021

     24       SAJITH P.
              AGED 22 YEARS
              S/O DR.SASIKUMAR, SHREYAS, MANGALAM P.O., LAKKIDI,
              OTTAPALAM, PALAKKAD -, PIN - 679301

     25       BHAGATH UDAYAN,
              AGED 22 YEARS,
              S/O UDAYAKUMAR, S.T. HOUSE, AVANAVANCHERI,
              P.O.ATTINGAL, THIRUVANANTHAPURAM -, PIN - 695103

     26       SOWRAV SASIKUMA R
              AGED 22 YEARS
              S/O DR.K.M.SASIKUMAR, ACHUTHAM, SRINGAPURAM,
              P.O.KODUNGALLUR, THRISSUR -, PIN - 680664

     27       AMINA N.S.
              AGED 22 YEARS
              D/O M.NISTHAR, E.V.HOUSE, M.C.ROAD, BALARAMAPURAM P.O.,
              THIRUVANANTHAPURAM -, PIN - 695501

     28       GOPIKA KRISHNAN K.V.
              AGED 22 YEARS, D/O KRISHNAN K.V. KIZHAKKU VEETTIL
              HOUSE, MUTHEDATH PARAMBU, CHELEMBRA P.O.,
              PADINJATTINPADI, MALAPPURAM -, PIN - 673634

     29       SREELAKSHMI DILEEP,
              AGED 22 YEARS, D/O M.S.DILEEP, AGED 22 YEARS, MAROLA
 W.P (C) No.19326/2023                 -4-

              HOUSE, VATTAPARAMBU P.O., KURUMASSERY, ERANAKULAM -,
              PIN - 683579

     30       SHANA SHERIN C.P
              AGED 22 YEARS
              D/O ABDULLA K.P., AGED 22 YEARS, SHANA SHABNAM, NR.
              MADRASSA, TALIPARAMBA P.O., KANNUR- 67011, PIN - 670011

     31       HRISHIKESH K.S.,
              AGED 22 YEARS
              S/O DR.K.B.SANAL KUMAR, , LOTUS, THEKKEMODOM ROAD,
              THRISSUR -, PIN - 680003

     32       MUFEEDHA SHEREEN MUTHAFA,
              AGED 22 YEARS
              D/O T.M.MUTHAFA, BAITHEEL SHERINS, NR.MAIDANI MASJID,
              ELAMBACHI, P.O.TRIKARPUR, KASARAGOD, PIN - 671310

     33       KAVYA T.S.
              AGED 22 YEARS
              D/O JAYASANKARAN KOCHATH, KAVYAM, KOCHATH HOUSE,
              KOTTATHARA, P.O.EASWARAMANGALAM, PONNANI, MALAPPURAM -,
              PIN - 679873

     34       K.P.THEERTHA,
              AGED 22 YEARS
              D/O K.PRADEEPAN, METTACK HOUSE, NALAMPEEDIKA,
              P.O.MAMBA, KANNUR -, PIN - 670611

     35       MEENAKSHI M.PRADEEP,
              AGED 22 YEARS
              D/O PRADEEP ,PJRRA-E-15, KUMARAPURAM, MEDICAL COLLEGE
              P.O., THIRUVANANTHAPURAM -, PIN - 695011

              BY ADVS.
              MAHESH V RAMAKRISHNAN
              K.PRAMOD

RESPONDENTS:

      1       STATE OF KERALA
              REP. BY ITS SECRETARY TO GOVERNMENT, HEALTH & FAMILY
              WELFARE (S) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
              -, PIN - 695001

      2       THE PRINCIPAL,
              GOVERNMENT MEDICAL COLLEGE, P.O PARIYARAM MEDICAL
              COLLEGE, KANNUR -, PIN - 670503
 W.P (C) No.19326/2023           -5-

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.19326/2023                     -6-

                                  JUDGMENT

The petitioners who were students of M.B.B.S course in the 2 nd respondent

college have approached this court seeking a direction to the 2 nd respondent to

release the original certificates of the petitioners which has been retained by the 2 nd

respondent on account of the fact that the fee payable by the petitioners has not

been paid by the petitioners.

2. The learned counsel for the petitioners would submit that the

petitioner had earlier approached this court by filing W.P (C) No.16897/2018 and

connected cases and this court through Ext.P4 judgment held that the petitioners

were not entitled to claim that should be called upon to pay only fee payable in

Government Medical Colleges. It is submitted that the petitioners and others have

challenged Ext.P4 judgment of the Division Bench before the Supreme Court and

the Supreme Court through Ext.P5 order has directed that no coercive steps shall be

taken against the petitioners for recovery of fee, pending consideration of the

matter by the Supreme Court.

3. The learned Senior Government Pleader would submit that the

petitioners were students of a self-financing colleges and they were required to

discharge the fee payable in a self-financing institution. It is submitted that on

account of certain circumstances, the management of the college had taken over by

the Government. It is submitted that such take over by the Government does not

mean that the petitioners need to pay fees only at the rate payable in the

Government Medical Colleges. It is submitted that the students who were allotted to

self-financing colleges were much lower in merit than the students who got

admission to Government Medical Colleges and merely on account of the fact that

the self-financing college in which the petitioners obtained admission was taken

over by the Government it cannot be said that the students wound only be liable to

pay fees as applicable to Government Medical Colleges.

4. Having heard the learned counsel appearing for the petitioners and the

learned Senior Government Pleader appearing for the respondents, I am of the view

that the petitioners are not entitled to maintain the present writ petition before this

court. In the earlier round of litigation by the petitioners and others it was held by a

Division Bench of this court that the petitioners are liable to pay fee payable at self-

financing colleges and they are not entitled to claim that they need to pay fees only

at the rates applicable to Government Medical Colleges. Exhibit P4 judgment of this

court is under challenge before the Supreme Court at the instance of the petitioners

and others. There is also an order of the Supreme Court directing that no coercive

steps shall be taken against the petitioners for recovery of the amounts in terms of

Ext.P4 judgment of the Division Bench. If the petitioners require any further

interim relief, it is for the petitioners to approach the Supreme Court in the pending

matter and they cannot maintain a separate writ petition before this court especially

since the Division Bench has already taken a view that the petitioners are liable to

pay the fee applicable to self-financing college and not at the rate applicable to

Government Medical Colleges. Writ petition fails and it is accordingly dismissed.

Sd/-

GOPINATH P.

JUDGE

AMG

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMMON JUDGMENT DATED 04-01-2018 IN W.P.(C) NO.33336 OF 2017 OF THIS HON,BLE COURT.

Exhibit P2 TRUE COPY OF THE ORDER IN AFRC 50/17/MBBS/ACME DATED 13-04-2018 ISSUED BY THE ADMISSION AND FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA.

Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED 23-05-2018 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE COMMON JUDGMENT DATED 19-05-2020 IN W.P.(C) NO.24954 OF 2018 OF THIS HON'BLE COURT.

Exhibit P5 TRUE COPY OF THE ORDER DATED 30-09-2020 IN SLP NO.10789/2020 OF THE HON'BLE SUPREME COURT OF INDIA.

Exhibit P6 TRUE COPY OF THE LETTER DATED 18-05-2023 SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE LETTER DATED NIL (SUBMITTED ON 04-