Kerala High Court
Kerala Private Medical College ... vs The State Of Kerala on 9 June, 2025
Author: D. K. Singh
Bench: D. K. Singh
WP(C) Nos.41219/2024, 31047/2024
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2025:KER:40015
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947
WP(C) NO. 41219 OF 2024
PETITIONER/S:
MOUNT ZION MEDICAL COLLEGE
CHAYALODE P.O, ADOOR, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS
CHAIRMAN, K.J ABRAHAM, PIN - 680596
BY ADVS. SRI.JESTIN MATHEW
SHRI.EVIN SAVIOUR
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND
FAMILY WELFARE(S) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
2 COMMISSIONER FOR ENTRANCE EXAMINATION
7TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695001
3 FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA
M.P. APPAN ROAD, VAZHUTHAKAD, THIRUVANANTHAPURAM REPRESENTED BY ITS
CHAIRMAN, PIN - 695014
Smt Parvathy Kottol GP
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 09.06.2025, ALONG WITH
WP(C).31047/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.41219/2024, 31047/2024
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2025:KER:40015
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947
WP(C) NO. 31047 OF 2024
PETITIONER/S:
1 KERALA PRIVATE MEDICAL COLLEGE MANAGEMENT ASSOCIATION
MALABAR MEDICAL COLLEGE CAMPUS, MODAKKALLURP.O, ATHOLI, CALICUT.
REPRESENTED BY ITS SECRETARY., PIN - 673315
2 THE AL-AZHAR MEDICAL COLLEGE & SUPER SPECIALTY HOSPITAL
EZHALLOOR P.O THODUPUZHA. REP ITS CHAIRMAN., PIN - 685605
BY ADVS. SRI.P.M.SANEER
SHRI.TONY GEORGE KANNANTHANAM
RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
HEALTH & FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
7TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695001
SMT PARVATHY KOTTOL, GP
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 09.06.2025, ALONG WITH
WP(C).41219/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.41219/2024, 31047/2024
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JUDGMENT
[WP(C) Nos.41219/2024, 31047/2024]
The petitioners are educational institutions providing MBBS and
postgraduate degrees in the medical field. As the prayers in both the
writ petitions are similar, the prayers sought in W.P.(C) No.41219/2024
are as follows:
"i) issue a writ of certiorari or any other appropriate writ, order or
direction quashing Exhibit P2 Government Order limited extent that it
restricts the collection of Rs. 16,65,720/- as NRI Quota tuition fees instead
of Rs.21,65,720/-.
ii) issue any writ of mandamus or any other appropriate writ or direction
directing the 2nd respondent to transfer the entire tuition fee amount of
21,65,720/- from the NRI Quota students of the petitioner's college
instead of Rs. 16,65,720/- without any further delay.
iii) issue such other appropriate writ, order or direction as this Hon'ble
Court may deem fit, just, and proper to grant on the facts and
circumstances of the case.
iv) to dispense with the filing of English translations of the vernacular
documents."
2. The learned Counsel for the petitioners and the learned
WP(C) Nos.41219/2024, 31047/2024
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Government Pleader are in consensus ad idem to submit that the
controversy involved in these writ petitions is covered by the judgment
of the Supreme Court in The State of Kerala v. The Principal, KMCT
Medical College1 in favour of the petitioners. So far as the corpus fund to
be collected from the NRI students pursuing the MBBS Degree is
concerned, the Supreme Court in the concluding paragraph, i.e.,
paragraph 39, has held as under:
"39. In light of above discussion, we deem it appropriate to allow the
appeal by the self-financing medical colleges in part; dismiss the appeals
filed by the State of Kerala and the NRI students; and modify the
Impugned Judgment of the High Court dated 23.07.2020, with the
following directions and conclusions:
i. The High Court was correct in quashing the Government Order (MS)
No. 107/2018/H&FWD dated 06.06.2018;
ii. If the State seeks to establish a corpus fund or any other such
mechanism to subsidize education for students from weaker
backgrounds, in line with the vision enshrined in P. A. Inamdar (supra),
it may do so by enacting suitable Legislation to that effect;
iii. The self-financing medical colleges are entitled to retain the fees
2025 SCC OnLine 1141
WP(C) Nos.41219/2024, 31047/2024
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transferred to the State for the creation of the 'corpus fund' substantially
for the purpose of subsidizing the fees charged to BPL students admitted
to those colleges, as per the directions contained in paragraph 37 of this
judgement;
iv. The BPL students, who were admitted on the basis of scholarship
schemes or who are to be admitted in future, shall not be required to pay
the full, regular fees. They will continue to pay fees at the subsidized rate
fixed by the State or the Committee. If they have paid any fees, over and
above the subsidized amount promised, they are entitled to a refund of
the amounts so paid. Alternatively, those amounts may be set-off against
the fees to be charged for later years. Such a refund must be made within
3 months;
v. The State of Kerala is directed to release the fees collected for the
creation of a corpus fund back to the respective colleges within a period
of 3 months without prejudice to the right and responsibility assigned in
paragraph 37 of this judgement:
vi. The NRI students are not entitled to a refund of the amount
transferred to the State for the creation of the 'corpus fund. They are
directed to pay the entire fees to their respective colleges, as approved
by the Admission and Fee Regulatory Committee, if not already done,
within 3 months; and
vii. The State of Kerala or the Admission and Fee Regulatory Committee
is at liberty to direct the colleges to furnish their accounts to establish
that the directions given herein have been complied with."
WP(C) Nos.41219/2024, 31047/2024
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As the issue involved in these writ petitions is squarely covered by
the judgment of the Supreme Court, these writ petitions are disposed of
in terms of the aforesaid judgment passed by the Supreme Court.
Sd/-
D. K. SINGH
JUDGE
jjj
WP(C) Nos.41219/2024, 31047/2024
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APPENDIX OF WP(C) 31047/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LIST OF THE MEMBER COLLEGES UNDER THE 1ST
PETITIONER.
Exhibit P2 A COPY OF THE ORDER FRC 50/23/MD/MS/MBBS/SFMC DATED 12-9-
2023.
Exhibit P3 A COPY OF THE GOVERNMENT ORDER NO GO ( MS) 55/2024 H& FWD
DTD 7/3/2024 ISSUED BY THE GOVERNMENT.
Exhibit P4 A COPY OF THE NOTIFICATION FOR ADMISSION TO MBBS AND BDS
SEATS DATED 20-8-2024.
Exhibit P5 A COPY OF THE REPRESENTATION DATED NIL TO THE COMMISSIONER
.
Exhibit P6 TRUE COPY OF THE ALLOTMENT MEMO GIVEN TO ONE FATHIMA HEIFA
SAJIR TO DR. MOOPENS MEDICAL COLLEGE, WAYANAD ON 29-8-2024.
Exhibit P7 TRUE COPY OF THE ALLOTMENT MEMO ISSUED TO ONE RIZVIN RIYAS
TO MES MEDICAL COLLEGE, PERINTHALMANNA, ON 29-8-2024.
Exhibit P8 A COPY OF THE REPLY NO.CEE/210/2024 TA4 DATED 31-8-2024 ISSUED
BY THE COMMISSIONER
WP(C) Nos.41219/2024, 31047/2024
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APPENDIX OF WP(C) 41219/2024
PETITIONER EXHIBITS
Exhibit P1 ORDER DATED 04.09.2024 FRC 50/24/MD/MS/SUPER
SPECIALITY/MBBS/SFMCK MD/MS/SUPER SPECIALITY/MBBS
COURSES 2024-25- REGULATION OF TUITION FEE AND SPECIAL FEE IN
RESPECT OF SELF-FINANCING MEDICAL COLLEGES IN KERALA
INCLUDING THE PETITIONERS COLLEGE ISSUED BY THE 3RD
RESPONDENT
Exhibit P2 GOVERNMENT ORDER DATED 25.09.2024 ISSUED BY THE 1ST
RESPONDENT HEALTH AND FAMILY WELFARE(S) DEPARTMENT TO THE
SELF-FINANCING MEDICAL COLLEGES IN KERALA
Exhibit P3 JUDGMENT DATED 23/07/2020 IN WP(C) NO. 7771/2018
Exhibit P4 ALLOTMENT MEMO DATED 29/08/2024 ISSUED BY THE 2ND
RESPONDENT
