Kerala High Court
Sandra S.S., D/O. V.O.Sajan vs State Of Kerala on 9 June, 2025
Author: D. K. Singh
Bench: D. K. Singh
2025:KER:40354
WP(C) NOs. 23427 OF 2023 & 4643 of 2024
1
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. 23427 OF 2023
PETITIONER/S:
SANDRA S.S., D/O. V.O.SAJAN
AGED 23 YEARS
3RD YEAR M.B.B.S. STUDENT, TRAVANCORE MEDICAL COLLEGE,
MYLAPORE, THATTAMALA P.O.,KOLLAM -691 020, RESIDING AT
SREE MANDIRAM,CHADAYAMANGALAM P.O., KOLLAM, PIN -
691534
BY ADVS.
SHRI.B.MOHANLAL
SHRI.ASWIN V. NAIR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF MEDICAL EDUCATION
GOVERNMENT OF KERALA, MEDICAL COLLEGE - KUMARAPURAM
ROAD, CHALAKUZHY, MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM, PIN - 695011
3 THE ADMISSION AND FEE REGULATORY COMMITTEE FOR MEDICAL
EDUCATION IN KERALA
REPRESENTED BY ITS CHAIRMAN, T.C.15/1553-4, PRASANTHI
BUILDING, M.P. APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
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WP(C) NOs. 23427 OF 2023 & 4643 of 2024
2
4 THE KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE CAMPUS,
THRISSUR P.O., THRISSUR, PIN - 680596
5 THE CONTROLLER OF EXAMINATIONS
THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL
COLLEGE CAMPUS, THRISSUR P.O., THRISSUR, PIN - 680596
6 THE TRAVANCORE MEDICAL COLLEGE
REPRESENTED BY ITS PRINCIPAL, N.H.BY PASS, MYLAPORE,
THATTAMALA P.O., KOLLAM, PIN - 691020
BY ADVS.
SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SRI.P.M.SANEER
GP SMT. SAROJINI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2025, ALONG WITH WP(C).4643/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:40354
WP(C) NOs. 23427 OF 2023 & 4643 of 2024
3
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. 4643 OF 2024
PETITIONER/S:
SANDRA S.S., D/O. V.O.SAJAN
AGED 23 YEARS
3RD YEAR M.B.B.S. STUDENT, TRAVANCORE MEDICAL COLLEGE,
MYLAPORE, THATTAMALA P.O.,KOLLAM -691 020, RESIDING AT
SREE MANDIRAM,CHADAYAMANGALAM P.O., KOLLAM, PIN -
691534
BY ADVS.
SHRI.B.MOHANLAL
SHRI.ASWIN V. NAIR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF MEDICAL EDUCATION
GOVERNMENT OF KERALA, MEDICAL COLLEGE - KUMARAPURAM
ROAD, CHALAKUZHY, MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM, PIN - 695011
3 THE KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE CAMPUS,
THRISSUR P.O., THRISSUR, PIN - 680596
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WP(C) NOs. 23427 OF 2023 & 4643 of 2024
4
4 THE CONTROLLER OF EXAMINATIONS
THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL
COLLEGE CAMPUS, THRISSUR P.O., THRISSUR, PIN - 680596
5 THE TRAVANCORE MEDICAL COLLEGE
REPRESENTED BY ITS PRINCIPAL, N.H.BY PASS, MYLAPORE,
THATTAMALA P.O., KOLLAM, PIN - 691020
BY ADVS.
SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SRI.P.M.SANEER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2025, ALONG WITH WP(C).23427/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NOs. 23427 OF 2023 & 4643 of 2024
5
JUDGMENT
These two writ petitions have been filed by the
petitioner, who is a 2019 Batch M.B.B.S student who secured
admission under the NRI quota, pursuing MBBS degree
course from the 6th respondent college affiliated to the 4th
respondent University. The petitioner has approached this
court against the notice in Ext.P3 in W.P© No. 4643 of 2024,
directing the petitioner to clear the fee dues by 20.12.2023.
The petitioner has already cleared the fee, and now she is
studying in the 5th year of the MBBS course at the said
college. As the petitioner has already paid the fee as she is
pursuing her 5th year MBBS course, nothing survives in these
writ petitions, which are hereby closed. It is made clear that
the petitioner is liable to pay the corpus fund fee in the light
of the judgment of the Supreme Court in the case of State of
Kerala Vs. The Principal KMCT Medical College and Ors
[2025 SCC OnLine SC 1141]
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WP(C) NOs. 23427 OF 2023 & 4643 of 2024
The Supreme Court in paragraph 39 of the said
judgment concluded and gave directions as under:-
39. In light of above discussion, we deem it appropriate to
allow the appeal by the selffinancing 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 selffinancing medical colleges are entitled to retain
the fees 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 setoff 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
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WP(C) NOs. 23427 OF 2023 & 4643 of 2024
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.
With the aforesaid observations, the present writ
petitions are closed.
Sd/-
D. K. SINGH
JUDGE
SJ
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WP(C) NOs. 23427 OF 2023 & 4643 of 2024
APPENDIX OF WP(C) 4643/2024
PETITIONER EXHIBITS
Exhibit-P1 THE TRUE COPY OF THE INTERIM ORDER DATED
19/07/2023 IN WP(C) NO: 23427/2023 OF THIS
HONORABLE COURT
Exhibit P2 THE TRUE COPY OF THE EXAMINATION RESULT DATED
06/01/2024 OF 2ND PROFESSIONAL MBBS DEGREE
SUPPLEMENTARY EXAMINATION (2019 SCHEME & 2010
SCHEME), JULY 2023 PUBLISHED BY THE 3RD
RESPONDENT IN FAVOR OF THE PETITIONER
Exhibit P3 THE TRUE COPY OF THE NOTICE NO:
743/ACA(A)/2023/TMCK DATED 08/12/2023 ISSUED
BY THE 5TH RESPONDENT
Exhibit P4 THE TRUE COPY OF THE JUDGMENT OF THIS
HONORABLE COURT IN WP(C) NO: 67/2023 DATED
05/01/2023
Exhibit P5 THE TRUE COPY OF THE MINUTES IN ITEM NO:
ASC(P)87/22/HO/TVPM/MBBS/TMCH DATED
06/06/2023 PASSED BY THE 3RD RESPONDENT
Exhibit P6 THE TRUE COPY OF THE NOTIFICATION NO:
2023/45683/B3/EXMED/KUHS DATED 03/01/2024
ISSUED BY THE 3RD RESPONDENT
Exhibit P7 THE TRUE COPY OF THE APPLICATION DATED
03/02/2024 ALONG WITH THE ISSUANCE OF E-MAIL
TO THE 3RD RESPONDENT BY THE PETITIONER
Exhibit P8 THE TRUE COPY OF THE APPLICATION DATED
03/02/2024 ALONG WITH THE ISSUANCE OF E-MAIL
TO THE 5TH RESPONDENT BY THE PETITIONER
Exhibit P9 THE TRUE COPY OF THE ABOVE JUDGMENT DATED
02/09/2022 W.P.(C)NO:28099/2022 OF THIS
HONORABLE COURT
Exhibit P10 THE TRUE COPY OF THE RECEIPT NO: 2094 ISSUED
BY THE 5TH RESPONDENT TO THE PETITIONER FOR
RS. 6,00,000/- DATED 19/03/2024
Exhibit P10(a) THE TRUE COPY OF THE RECEIPT NO: 2095 ISSUED
BY THE 5TH RESPONDENT TO THE PETITIONER FOR
RS. 9,00,000/- DATED 19/03/2024
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WP(C) NOs. 23427 OF 2023 & 4643 of 2024
APPENDIX OF WP(C) 23427/2023
PETITIONER EXHIBITS
Exhibit-P1 THE TRUE COPY OF THE EXAMINATION RESULT OF
THE 1ST YEAR M.B.B.S. SUPPLEMENTARY
EXAMINATION, FEBRUARY 2022 ISSUED BY THE 4TH
RESPONDENT DATED 21/04/2022
Exhibit-P2 THE TRUE COPY OF THE EXAMINATION RESULT OF
THE 1ST YEAR M.B.B.S. SUPPLEMENTARY (SAY)
EXAMINATION, MAY 2022 ISSUED BY THE 4TH
RESPONDENT DATED 23/06/2022
Exhibit-P3 THE TRUE COPY OF THE MARK LIST DATED
15/05/2023 ISSUED BY THE 4TH RESPONDENT FOR
THE SECOND PROFESSIONAL M.B.B.S. DEGREE
SUPPLEMENTARY EXAMINATIONS (2019 ADMISSION)
JANUARY 2023
Exhibit-P4 THE TRUE COPY OF THE EXAMINATION NOTIFICATION
NO: 2113/B2/EX-MED/KUHS DATED 23/06/2023
PUBLISHED BY THE 4TH RESPONDENT
Exhibit-P5 THE TRUE COPY OF THE NOTICE NO:
216/ACA(A)/2023/TMCK DATED 30/06/2023 ISSUED
BY THE PRINCIPAL OF THE 6TH RESPONDENT
Exhibit-P6 THE TRUE COPY OF THE REPRESENTATION DATED NIL
SUBMITTED BY THE PETITIONER BEFORE THE
PRINCIPAL OF THE 6TH RESPONDENT COLLEGE
Exhibit-P7 THE TRUE COPY OF THE REPRESENTATION DATED NIL
SUBMITTED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT
Exhibit-P8 THE TRUE COPY OF THE COMPLAINT DATED
14/07/2023 FILED BY THE PETITIONER BEFORE THE
CHAIRMAN OF THE 3RD RESPONDENT
Exhibit-P9 THE TRUE COPY OF THE JUDGMENT OF THIS
HONORABLE COURT IN WP(C) NO: 67/2023 DATED
05/01/2023
Exhibit-P10 THE TRUE COPY OF THE MINUTES IN ITEM NO:
ASC(P)87/22/HO/TVPM/MBBS/TMCH DATED
06/06/2023 PASSED BY THE 3RD RESPONDENT
Exhibit-P11 THE TRUE COPY OF THE ABOVE JUDGMENT DATED
02/09/2022 W.P.(C)NO:28099/2022 OF THIS
HONORABLE COURT
