Kerala High Court
Anzal Sherif vs State Of Kerala on 9 June, 2025
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 18419 OF 2025 1
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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. 18419 OF 2025
PETITIONER/S:
1 ANZAL SHERIF
AGED 25 YEARS
S/O P N SHERIF, KOZHIKATTIL, NAJATH NAGAR, NEAR
NJALAKAM CONVENTION CENTER, CHANGAMPUZHA NAGAR
P.O., SOUTH KALAMASSERY, KOCHI, PIN - 682033
2 AISHWARYA
AGED 25 YEARS
D/O KC SUGUNAN, AISHWARYA, KAVINMOOLA, KANNUR,
PIN - 670611
3 HENNA MARYAM SALIM
AGED 25 YEARS
D/O N.M SALIM, THANAL (H), CHIYYANUR HIGHWAY
KOKKUR (PO), CHANGARAMKULAM, MALAPPURAM, PIN -
679591
4 AMINA SAHIR
AGED 25 YEARS
D/O SAHIR N ABDULLA NUR, AGED 25 YEARS, JAGATHY
POOJAPPURA ROAD, NEXT TO KERALA SOCIAL SECURITY
MISSION HEAD OFFICE, TRIVANDRUM, PIN - 696014
5 AISWARYA
AGED 25 YEARS
D/O RAMESH C, AISHWARYA, PUTHIYARA, KOZHIKODE,
PIN - 673004
6 FATHIMA HISANA KHATHOON
AGED 25 YEARS
D/O SAINUDHEEN V.V, VV HOUSE THUNERI, P.O.,
NADAPURAM, KOZHIKODE, PIN - 673505
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7 ASIYA NIZAR
AGED 26 YEARS
D/O S. NIZARUDEEN, KAITHADY KIZHAKEKARA PUTHEN
VEEDU, ALAYAMON P.O., ANCHAL, KOLLAM, PIN -
691306
8 ANUPAMA P
AGED 25 YEARS
D/O PREMANANDAN M, NANDANAM, SANTHOSH NAGAR,
VAZHANI ROAD, WADAKKANCHERY, THRISSUR, PIN -
680582
9 FASNA C K
AGED 26 YEARS
D/O ABDUL GAFOOR MAYAN, YEARS, AL FALAH,
MOONAMPEEDIKA , KUTHUPARAMBA, NIRMALAGIRI PO,
KANNUR, PIN - 670701
10 MUBEENA PM
AGED 28 YEARS
D/O MUSTHAFA PA, PALATHINGAL HOUSE, MULLURKKARA
PO, VALAVU, THRISSUR, PIN - 680583
11 SANJEEV SREEDHAR
AGED 25 YEARS
S/O P SASIDHARAN, MARATHAKAM HOUSE, MERIKUNNUN
P.O., KOZHIKODE, PIN - 673012
12 GAUTAMI PRADEEP NAMBIAR
AGED 24 YEARS
D/O P.K. PRADEEP, LAKSHMIMADHAVAPURAM, ATHIRAKAM,
PO MUNDAYAD, ELAYAVOOR, VARAM, KANNUR,, PIN -
670594
13 AATHIQA K P
AGED 26 YEARS
D/O EBRAHIM K P, KOYALAPURATH HOUSE KALLIKANDY
P.O., THRIPPANGOTTUR, KANNUR, PIN - 670693
14 ASWATHI SURENDRAN
AGED 26 YEARS
D/O SURENDRAN MEDEMMAL, YEARS, MEDEMMAL HOUSE,
POYILUR P.O., THALASSERY, PIN - 670693
WP(C) NO. 18419 OF 2025 3
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BY ADVS.
SHRI.THOMAS ABRAHAM
SMT.MERCIAMMA MATHEW
SRI.ASWIN.P.JOHN
SHRI.R.ANANTHAPADMANABAN
SHRI.PAUL BABY
SMT.SWATHY A.P.
SMT.FOUSIYA R
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY
WELFARE DEPARTMENT, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM, KERALA,
PIN - 695001
2 DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE
P.O, THIRUVANANTHAPURAM, PIN - 695011
3 PRINCIPAL
GOVERNMENT MEDICAL COLLEGE, PARIYARAM, KANNUR,
KERALA, PIN - 670503
BY ADVS.
SRI. P. G. PRAMOD - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 18419 OF 2025 4
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D. K. SINGH, J.
--------------------------
W.P.(C) No. 18419 of 2025
-------------------------
Dated this the 09th day of June, 2025
JUDGMENT
1. The petitioners are NRI students who are pursuing their MBBS
Course from Government Medical College, Pariyaram, Kannur
district. The said College was earlier self-financing Institution.
However, later, the Government has taken over the said Institution.
The petitioners took admission in the said College under the NRI
quota when it was self-financing College.
2. The question is whether the petitioners are liable to pay Corpus
Fund fee in view of the Judgment passed by the Supreme Court in
the case of the State of Kerala v. The Principal, KMCT Medical
College and other connected matters (2025 INSC 518). The counter
affidavit filed on behalf of the 1st respondent unequivocally stated
that the petitioners are not required to pay the Corpus Fund fee.
Relevant paragraph i.e. paragraph '11' of the said counter affidavit is
extracted hereunder;
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11. It is submitted that as per the regulations issued by the Kerala
University of Health Sciences, the duration of the MBBS Course shall
be 41/2 years. As such the 2018 Batch NRI quota students in Kannur
Pariyram Medical College are liable to remit Rs 60 lakh (Rs 15 lakh x 4)
as tuition fee. The Principal, Kannur Medical College has reported that
that, Sri Sudev Karakkad, NRI student of 2018 batch have recently paid
balance tuition fee of Rs 60 Lakh and special fee of Rs. 1,19,700/- and
promptly and accepted his certificates.
3. In view of the aforesaid stand of the Government that the
petitioners are not required to pay the Corpus Fund fee as they are
studying in the Government Medical College, nothing survives in this
writ petition and the same is hereby disposed of in terms of
paragraph 11 of the counter affidavit which has been extracted
above. The College authorities are directed to issue requisite
certificates to the petitioners forthwith if they are otherwise eligible.
The petitioners are required to pay all the other fees except for the
Corpus Fund fee for issuing them the requisite certificate.
Sd/-
D. K. SINGH
JUDGE
Svn
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APPENDIX OF WP(C) 18419/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE G.O.(MS)NO.107/2018/H&FWD
DATED 6/6/2018 ISSUED BY THE HEALTH AND FAMILY
WELFARE DEPARTMENT
EXHIBIT P2 THE TRUE COPY OF THE COMMON JUDGMENT DATED
23/7/2020 IN W.P.(C)NO.7771 OF 2018 AND
CONNECTED CASES
EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 4/9/2020 IN
S.L.P.NO.9659 OF 2020
EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 4/4/2025 IN
R.P. NO.425 OF 2025 FILED IN W.P.(C)NO.35572 OF
EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED 3/11/2023 IN
S.L.P.NOS.8408 OF 2020 AND CONNECTED CASES
EXHIBIT P6 THE TRUE COPY OF THE UNDERTAKING FILED BY ONE
OF THE PETITIONERS IN WP(C)NO.35572 OF 2024
BEFORE THIS HON'BLE COURT AGAINST WHICH
R.P.NO.425 OF 2025 WAS FILED
EXHIBIT P7 THE TRUE COPY OF THE RECEIPT ISSUED BY THE
REGISTRAR (JUDICIAL) EVIDENCING FILING OF THE
UNDERTAKING
EXHIBIT P8 THE TRUE COPY OF THE REPRESENTATION DATED
8/5/2025 SUBMITTED BY THE PETITIONERS
