Kerala High Court
Priyanka G Das vs Dr. A Jayathilak. Ias on 30 October, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
2024:KER:80797
CON.CASE(C) NO. 1232 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
CON.CASE(C) NO. 1232 OF 2024
AGAINST THE JUDGMENT DATED 20.12.2023 IN WP(C) NO.24692
OF 2023 OF HIGH COURT OF KERALA
PETITIONER:
PRIYANKA G DAS
AGED 33 YEARS
D/O M.GOKULDAS, DAFFODIL, KONDOTTY, PALLIKKARA
P.O., MALAPPURAM, PIN - 673634
BY ADV P.K.SANTHAMMA
RESPONDENTS/RESPONDENTS 1 TO 3 IN THE W.P(C):
1 DR. A JAYATHILAK. IAS
ADDITIONAL CHIEF SECRETARY TO GOVT. OF KERALA IN
CHARGE OF SC/ST DEVELOPMENT DEPARTMENT, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 K.GOPALAKRISHNAN IAS
DIRECTOR, SCHEDULED CASTE DEVELOPMENT DEPARTMENT,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033
3 SHAJI K.P
SCDO, DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICE,
KOZHIKODE, CIVIL STATION P.O, ERANHIPPALAM,
KOZHIKKODE, PIN - 673020
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CON.CASE(C) NO. 1232 OF 2024
2
SRI.ROBIN RAJ, SPL.GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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CON.CASE(C) NO. 1232 OF 2024
3
T.R. RAVI, J.
--------------------------------------------
Con.Case(C) No.1232 of 2024
in
W.P(C).No.24692 of 2023
--------------------------------------------
Dated this the 30th day of October, 2024
JUDGMENT
An affidavit has been filed by the respondents
showing the split up of the amounts that have been granted
to the petitioner towards the fee paid for her course in the
Indian Institute of Management, Kozhikode. This Court had
directed the respondents to pay, treating the petitioner to be
coming within Clause D (iii) which applies to students who
have gained admission in Self Financing Colleges on the basis
of their ranking in CAT, MAT, JEE, JMET, XAT and ATMA.
Along with the affidavit, an order dated 29.05.2019 has been
produced, which is the revised fee structure applicable to the
Self Financing Colleges run directly by the University. As per
Annexure R3(b) dated 29.05.2019, for the MBA course
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CON.CASE(C) NO. 1232 OF 2024
coming under the School of Management Studies, the fee
fixed is Rs.24,750/- per semester. The affidavit says that
based on the said structure, a sum of Rs.49,500/- each for the
two years of study have been granted towards tuition fee and
other amounts have been granted towards special fee, exam
fee and lump sum grant and the total amount reimbursed to
the petitioner is Rs.1,23,460/-. The petitioner has a case that
even though Clause D specifically says the fee approved by
the Government/University is the amount to be granted and
Annexure R3(b) does not appear to be the approved fee as
stated in Ext.P4, that is an issue which will have to be
challenged separately and cannot be decided in this contempt
petition. According to the Government there is no other order
whereby the fee has been fixed other than Annexure R3(b).
In the above circumstances, this contempt case is
closed without prejudice to the right of the petitioner to
challenge the proceedings issued. This Court is not either
approving or disapproving the amount that has been paid
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CON.CASE(C) NO. 1232 OF 2024
since that is a matter which is still disputed.
Sd/-
T.R.RAVI
JUDGE
LEK
2024:KER:80797
CON.CASE(C) NO. 1232 OF 2024
APPENDIX OF CON.CASE(C) 1232/2024
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF THE JUDGMENT IN WP(C)
NO. 24692 OF 2023 DATED 20.12.2023
Annexure 2 COPY OF THE REPRESENTATION DATED
08.01.2024 FORWARDED TO THE RESPONDENTS
THROUGH REGISTERED POST.
Annexure 3 THE RELEVANT PAGES OF THE CENTRAL
EDUCATIONAL INSTITUTIONS ACT (RESERVATION
IN ADMISSION), 2006
Annexure 4 THE COPY OF THE RELEVANT PAGES OF THE ACT
PUBLISHED BY THE MINISTRY OF LAW AND
JUSTICE NAMELY THE INDIAN INSTITUTE OF
MANAGEMENT ACT 2017 (ACT 33 OF 2017)
RESPONDENT ANNEXURES
Annexure R3(a) TRUE COPY OF THE SANCTION ORDER NO.E2-
5093/2023 DATED 10.7.2024 ISSUED BY THE
THIRD RESPONDENT.
Annexure R3(b) TRUE COPY OF THE ORDER OF CALICUT
UNIVERSITY U O NO.7038/2019/ADMN DATED
29.5.2019.
Annexure R3(c) TRUE COPY OF THE GO(MS) NO.20/2008/SCSTDD
DATED 01.02.2008.
