Kerala High Court
Nasrin Noushad vs The State Of Kerala on 10 June, 2025
Author: D. K. Singh
Bench: D. K. Singh
WP(C) Nos.13182/2024, 11645/2025, 16489/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947
WP(C) NO. 13182 OF 2024
PETITIONER/S:
RABEEH.C.P, AGED 19 YEARS, S/O K.P.USMAN, RASHEEDA MANZIL, KALLAYI.P.O,
ANJARAKKANDI, KANNUR, PIN - 670612
BY ADVS.
SHRI.P.P.NIYAS
SRI. C. ABDUL RASAC
RESPONDENT/S:
1 THE STATE OF KERALA, REP.BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 SECRETARY TO THE GOVERNMENT
HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 ADMISSION AND FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA
T.C.15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
4 THE MOOPEN'S MEDICAL COLLEGE
MEPPADY.P.O, WAYANAD, REP.BY ITS PRINCIPAL, PIN - 673577
BY ADVS.
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SHRI.HARIKRISHNAN S.
WP(C) Nos.13182/2024, 11645/2025, 16489/2025
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SMT.ANNA LINDA EDEN
SRI.R.GITHESH
SHRI.AJAY BEN JOSE
SRI.MANJUNATH MENON
SHRI.SACHIN JACOB AMBAT
SRI.S.SREEKUMAR (SR.)
OTHER PRESENT:
GP SMT. K.G SAROJINI
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 10.06.2025, ALONG WITH
WP(C).11645/2025, 16489/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13182/2024, 11645/2025, 16489/2025
3
2025:KER:40596
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947
WP(C) NO. 11645 OF 2025
PETITIONER/S:
RICHA ELSA SUNISH, AGED 22 YEARS. D/O SUNISH GEORGE, USHAS KIZHAKKE
VEEDU,PUNALOOR.P.O, KOLLAM DISTRICT, PIN - 691305
BY ADVS.
SHRI.P.P.NIYAS
SRI.C.H.ABDUL RASAC
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 ADMISSION AND FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA
REPRESENTED BY ITS CHAIRMAN, T.C.15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN
ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM,, PIN - 695014
4 THE MOOPEN'S MEDICAL COLLEGE
MEPPADY.P.O, WAYANAD, REP.BY ITS PRINCIPAL, PIN - 673577
GP SMT. K.G SAROJINI
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 10.06.2025, ALONG WITH
WP(C).13182/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13182/2024, 11645/2025, 16489/2025
4
2025:KER:40596
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947
WP(C) NO. 16489 OF 2025
PETITIONER/S:
NASRIN NOUSHAD, AGED 21 YEARS, D/O NOUSHAD, NOURIN MANZIL,
KODUVAZHANNOOR.P.O, THIRUVANATHAPURAM DISTRICT, PIN - 695612
BY ADVS. SHRI.P.P.NIYAS
SRI.C.H.ABDUL RASAC
RESPONDENT/S:
1 THE STATE OF KERALA
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY CHIEF
SECRETARY., PIN - 695001
2 THE SECRETARY TO GOVERNMENT
HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 ADMISSION AND FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA
REPRESENTED BY ITS CHAIRMAN, T.C.15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN
ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM,, PIN - 695014
4 THE MOOPENS MEDICAL COLLEGE
MEPPADY.P.O, WAYANAD, REP.BY ITS PRINCIPAL, PIN - 673577
GP SMT. K.G SAROJINI
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 10.06.2025, ALONG WITH
WP(C).13182/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13182/2024, 11645/2025, 16489/2025
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JUDGMENT
[WP(C) Nos.13182/2024, 11645/2025, 16489/2025]
The petitioners are pursuing MBBS courses from the respondent
Colleges. The petitioners were granted admission to the MBBS course
under the NRI quota. The petitioners are required to pay the corpus fund
fee of Rs. 5 lakhs each year, i.e., Rs. 25 lakhs, for five years. Whether the
corpus fund fee can be levied and recovered by the private Self-financing
Medical Colleges or not is the issue decided by the Supreme Court in its
judgment, The State of Kerala v. The Principal, KMCT Medical College 1.
Paragraph 39 of the judgment has given certain directions in this regard,
and paragraph 39 is extracted hereunder:
"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)
2025 SCC OnLine 1141
WP(C) Nos.13182/2024, 11645/2025, 16489/2025
2025:KER:40596
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
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
WP(C) Nos.13182/2024, 11645/2025, 16489/2025
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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."
2. As the issue involved in these writ petitions stands covered
against the petitioners by the judgment of the Supreme Court in
Principal, KMCT Medical College (supra), nothing survives in these writ
petitions to be decided by this Court. Therefore, the writ petitions are
hereby dismissed.
Sd/-
D. K. SINGH
JUDGE
jjj
WP(C) Nos.13182/2024, 11645/2025, 16489/2025
2025:KER:40596
APPENDIX OF WP(C) 11645/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ALLOTMENT MEMO DATED 26.08.2023
Exhibit P2 TRUE COPY OF THE RECEIPT DATED 25.07.2024 ISSUED BY THE 4TH
RESPONDENT
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 23.07.2020 IN WPC
Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 04.04.2024 IN
WP(C) Nos.13182/2024, 11645/2025, 16489/2025
2025:KER:40596
APPENDIX OF WP(C) 16489/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ALLOTMENT MEMO ISSUED TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE FEE RECEIPT DATED 29.07.2024 ISSUED BY THE 4TH
RESPONDENT
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 23.07.2020 IN WPC
Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 04.04.2024 IN
Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 24.03.2025 IN
Exhibit P6 TRUE COPY OF THE INTERIM ORDER DATED 11.04.2025 IN
WP(C) Nos.13182/2024, 11645/2025, 16489/2025
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APPENDIX OF WP(C) 13182/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ADMISSION SLIP DATED 01.09.2023
Exhibit P2 TRUE COPY OF THE ALLOTMENT MEMO ISSUED BY THE 4TH
RESPONDENT
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 23.07.2020 IN WPC
NO.7771/2018 OF THIS HON'BLE COURT
