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Kerala High Court
The Principal vs State Of Kerala on 18 February, 2026
WP(C) NOS. 15186 & 15103 OF 2023
1
2026:KER:14867
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
WP(C) NO. 15186 OF 2023
PETITIONER:
THE PRINCIPAL
AGED 64 YEARS
AL-AZHAR MEDICAL COLLEGE & SUPER SPECIALTY HOSPITAL,
EZHALLOOR.P.O. THODUPUZHA, PIN - 685605
BY ADVS.
SRI.P.M.SANEER
SHRI.TONY GEORGE KANNANTHANAM
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT SC/ST &
BACKWARD CLASSES DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DIRECTOR
BACKWARD CLASSES DEVELOPMENT DEPARTMENT, AYYANKALI BHAVAN,
KANAKA NAGAR, KOWDIYAR P.O, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695003
3 THE DIRECTOR
SCHEDULED CASTES DEVELOPMENT DEPARTMENT, NANDAVANAM, VIKAS
BHAVAN.P.O, TRIVANDRUM, PIN - 695033
4 THE DIRECTOR
SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKAS
BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
5 ADDL.R5. STATE BANK OF INDIA
REPRESENTED BY ITS CHIEF MANAGER STRESSED ASSETS RECOVERY
BRANCH, 7TH FLOOR,VANKARATH TOWERS, PALARIVATTOM BYE PASS
WP(C) NOS. 15186 & 15103 OF 2023
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2026:KER:14867
JUNCTION, ERNAKULAM, PIN 682 024 [IS IMPLEADED AS PER ORDER
DATED 19.03.2024 IN I.A.1/2024 IN WP(C)15186/2023].
BY ADVS.
GOVERNMENT PLEADER
SRI.AMAL GEORGE
SMT. SYLAJA S.L.,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2026, ALONG WITH WP(C).15103/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOS. 15186 & 15103 OF 2023
3
2026:KER:14867
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
WP(C) NO. 15103 OF 2023
PETITIONER:
THE PRINCIPAL
AGED 49 YEARS
AL-AZHAR DENTAL COLLEGE, PERUMBILLICHIRA.P.O. THODUPUZHA,
IDUKKI DISTRICT, PIN - 685605
BY ADVS.
SRI.P.M.SANEER
SHRI.TONY GEORGE KANNANTHANAM
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT SC/ST &
BACKWARD CLASSES DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DIRECTOR
BACKWARD CLASSES DEVELOPMENT DEPARTMENT, AYYANKALI BHAVAN,
KANAKA NAGAR, KOWDIYAR P.O, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695003
3 THE DIRECTOR
SCHEDULED CASTES DEVELOPMENT DEPARTMENT, NANDAVANAM, VIKAS
BHAVAN.P.O, TRIVANDRUM, PIN - 695033
4 THE DIRECTOR
SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKAS
BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
SMT. SYLAJA S.L.,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2026, ALONG WITH WP(C).15186/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOS. 15186 & 15103 OF 2023
4
2026:KER:14867
JUDGMENT
The learned counsel for the petitioner states that these writ
petitions may be closed as infructuous.
In view of the afore, these writ petitions would stand closed
as infructuous.
Sd/-
HARISANKAR V. MENON
AP JUDGE
WP(C) NOS. 15186 & 15103 OF 2023
2026:KER:14867
APPENDIX OF WP(C) NO. 15186 OF 2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER OF THE COMMITTEE NO FRC
50/21/MBBS/ AAMC DATED 25/12/2021, FOR 2021-22
FIXING THE FEE, FOR MBBS.
Exhibit P2 A TRUE COPY OF THE GOVERNMENT ORDER NO G.O (MS) NO
56/2022/H&FWD DTD 14/3/2022, ISSUED BY THE
GOVERNMENT.
Exhibit P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE
COLLEGE IN THE CATEGORY OF A SC STUDENT BY NAME
AKSHARA DEVI S.KUMAR AND THE TABULATED FORM OF
ARREARS OF TUITION FEE AND SPECIAL FEE DUE FROM
THE DEPARTMENT IN THE CATEGORY OF SC STUDENTS TO
THE COLLEGE,
Exhibit P4 A TRUE COPY OF TABULATED FORM OF ARREARS OF TUITION
FEE, SPECIAL FEE IN THE CATEGORY OF ST CATEGORY,
DUE TO THE COLLEGE.
Exhibit P5 A TRUE COPY OF THE TOTAL AMOUNTS DUE TO THE COLLEGE
IN THE CATEGORY OF OEC SHOWING THE TABULATED FORM
OF ARREARS, DUE TO THE COLLEGE
Exhibit P6 . A TRUE COPY OF THE CONSOLIDATED TABULATED CLAIMS
OF IN THE CATEGORY OF OBC(H)STUDENTS SUBMITTED BY
THE PETITIONER
Exhibit P7 A TRUE COPY OF THE CONSOLIDATED TABULATED CLAIMS
OF IN THE CATEGORY OF SC, OEC, OBC(H) AND ST
SUBMITTED BY THE PETITIONER.
Exhibit P8 A TRUE COPY OF THE REPRESENTATION NO AAMC/T/02/23
DTD 13/4/2023 SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT
Exhibit P9 A TRUE COPY OF THE ONE OF THE COMMUNICATIONS ISSUED
BY THE BANK OF BARODA NO. REF: ROSARB/OTS/NOORUL
ISLAM TRUST/2021 DATED 26/03/2021 SANCTIONING ONE
TIME SETTLEMENT.
Exhibit P10 THE TABULATED FORM OF ARREARS OF TUITION FEE,
SPECIAL FEE , EXAM FEE ETC OF 2022 BATCH, DUE TO
THE COLLEGE, IN THE CATEGORY OF OEC CATEGORY
INCLUDING THE STUDENTS DETAILS.
Exhibit P11 THE TABULATED FORM OF ARREARS OF TUITION FEE,
SPECIAL FEE, EXAM FEE, HOSTEL FEE AND THE STUDENT'S
DETAILS IN THE CATEGORY OF OBC (H) 2022-23 BATCH.
Exhibit P12 THE TABULATED STATEMENT AND THE STUDENT DETAILS OF
2021 BATCH IN THE CATEGORY OF OEC STUDENTS.
Exhibit P13 THE STATEMENT SHOWING THE TUITION FEE, SPECIAL
FEE, EXAM FEE AND THE STUDENTS DETAILS OF OBC (H)
CATEGORY OF 2021 BATCH .
WP(C) NOS. 15186 & 15103 OF 2023
2026:KER:14867
Exhibit P14 THE COPY OF THE STATEMENT SHOWING THE AMOUNT DUE
TO THE COLLEGE AND THE STUDENT DETAILS IN MASTER'S
DEGREE COURSE, MD, ADMITTED IN THE YEAR 2022, IN
THE CATEGORY OF OBC(H).
Exhibit P15 THE STATEMENT AND THE STUDENT DETAIL IN THE
CATEGORY OBC(H) FOR MS, STUDENT ADMITTED IN THE
YEAR 2022.
Exhibit P16 THE SUMMARIZED STATEMENT PREPARED BY THE COLLEGE
SHOWING THE TOTAL AMOUNT DUE TO THE COLLEGE FROM
THE DIRECTORATE UNDER OEC AND OBC (H) CATEGORY
Exhibit P17 A TRUE COPY OF THE REPRESENTATION NO AAMC/18/23
DTD 13-11-2023 ADDRESSED TO THE ADDITIONAL CHIEF
SECRETARY TO GOVERNMENT BACKWARD CLASS DEVELOPMENT
DEPARTMENT, WITHOUT ANNEXURES.
Exhibit P18 TRUE COPY OF THE TABULATED FORM OF ARREARS OF
TUITION FEE, SPECIAL FEE , HOSTEL FEE ETC IN THE
BATCH OF 2019-2020 , DUE TO THE COLLEGE, IN THE
CATEGORY OF ST OEC,OBC(H),AND FISHERIES INCLUDING
THE STUDENTS DETAILS
Exhibit P19 TRUE COPY OF THE TABULATED FORM INCLUDING THE
STUDENTS DETAILS,IN THE CATEGORY OF ST
OEC,OBC(H),AND FISHERIES STUDENTS BATCHES ADMITTED
IN ACADEMIC YEAR 2020-2021.
Exhibit P20 TRUE COPY OF THE TABULATED FORM INCLUDING THE
STUDENTS DETAILS,IN THE CATEGORY OF ST
OEC,OBC(H),AND FISHERIES STUDENTS BATCHES ADMITTED
IN ACADEMIC YEAR 2021-2022.
Exhibit P21 TRUE COPY OF THE TABULATED FORM INCLUDING THE
STUDENTS DETAILS,IN THE CATEGORY OF ST
OEC,OBC(H),AND FISHERIES STUDENTS BATCHES ADMITTED
IN ACADEMIC YEAR 2022-2023.
Exhibit P22 TRUE COPY OF THE TABULATED FORM INCLUDING THE
STUDENTS DETAILS,IN THE CATEGORY OF ST
OEC,OBC(H),AND FISHERIES STUDENTS BATCHES ADMITTED
IN ACADEMIC YEAR 2023-2024.
Exhibit P23 TRUE COPY OF THE SUMMARIZED STATEMENT PREPARED BY
THE COLLEGE SHOWING THE TOTAL AMOUNT DUE TO THE
COLLEGE FROM THE DIRECTORATE UNDER ST/OEC/OBC (H)
AND FISHERIES CATEGORY .
Exhibit P24 A TRUE COPY OF THE INTERIM ORDER DTD 7/3/2024 IN
WPC NO 15186/2023 THIS HONOURABLE COURT.
Exhibit P25 A TRUE COPY OF THE ONETIME SETTLEMENT ORDER NO
SAMB/EKM/2018-2019/728 DTD 22/3/2019 ISSUED BY
STATE BANK OF INDIA.
Exhibit 26 A TRUE COPY OF THE STATEMENT OF ACCOUNT ISSUED BY
STATE BANK OF INDIA ERNAKULAM MG ROAD BRANCH
SHOWING THE CLOSING BALANCE DTD 1/7/2023.
Exhibit P27 A TRUE COPY OF THE REQUEST GIVEN BY KM MOOSA
WP(C) NOS. 15186 & 15103 OF 2023
2026:KER:14867
CHAIRMAN NOORUL ISLAM TRUST DTD 29/2/2024.
Exhibit P28 A TRUE COPY OF THE COMMUNICATION NUMBER NO
SARB/2023-2024 DTD 4/3/2024 ISSUED TO KM MOOSA
CHAIRMAN BY THE BANK.
Exhibit P29 A TRUE COPY OF THE COMMUNICATION DTD 7/3/2024 SEND
BY THE CHAIRMAN NOORUL ISLAM TRUST ADDRESSED TO
THE ASST GENERAL MANAGER.
Exhibit P30 A TRUE COPY OF POSSESSION NOTICE ISSUED BY THE
STATE BANK OF INDIA DTD 14/3/2024.
Exhibit P31 A TRUE COPY OF THE CONSOLIDATED STATEMENT PREPARED
BY THE DENTAL COLLEG.
Exhibit P32 TRUE COPY OF THE NOTICE ISSUED BY THE 5TH
RESPONDENT BANK FOR SBI OTS 2020 DTD 30/11/2020.
Exhibit P33 TRUE COPY OF THE LETTER DATED 14.08.2018 FOR OTS
ISSUED BY THE RESPONDENT BANK .
Exhibit P34 TRUE COPY OF THE LETTER DATED 19.09.2017 FOR OTS
ISSUED BY THE RESPONDENT BANK.
Exhibit P35 TRUE COPY OF THE ORDER PASSED BY THE HONOURBLE HIGH
COURT OF KERALA DATED 23-07-2021 IN W.P.(C)
NO.14563/2021.
Exhibit P36 TRUE COPY OF THE ORDER PASSED BY THE HONOURBLE HIGH
COURT OF KERALA DATED 12.08.2021 IN WP (C) NO:
16701/2021.
Exhibit P37 . TRUE COPY OF THE REQUEST LETTER DATED 30.07.2021
SUBMITTED BY THE NOORUL ISLAM TRUST.
Exhibit P38 TRUE COPY OF THE LETTER DATED 02.08.2021 ISSUED BY
THE RESPONDENT BANK.
Exhibit P39 TRUE COPY OF THE LETTER DATED 19.03.2022 ISSUED BY
THE 5TH RESPONDENT BANK.
RESPONDENT EXHIBITS
Exhibit R3(a) TRUE COPY OF THE DETAILS OF STATEMENT OF AMOUNTS
PAID TO THE PETITIONER S INSTITUTION
EXHIBIT R2(a) A TRUE COPY OF THE DETAILED STATEMENT OF AMOUNTS
SHOWING THE LIST OF STUDENTS,SANCTIONED AMOUNT AND
DISBURSED AMOUNT ON ACCOUNT OF EDUCATIONAL
ASSISTANCE DUE TO THE PETITIONERS INSTITUTION
Exhibit R2(b) A TRUE COPY OF THE PROPOSAL NO.BCDIR/374/2022-A2
DATED 20/09/2023 SUBMITTED BY THE 2ND RESPONDENT
TO THE GOVERNMENT
Exhibit R2(c) A TRUE COPY OF THE PROPOSAL NO BCDIR/374/2022-A2
DATED 14/11/2023 SUBMITTED BY THE 2ND RESPONDENT
TO THE GOVERNMENT
Exhibit R4(a) TRUE COPY OF THE ORDER NO CC1/10638/2023 STDD DATED
23/08/2023
Exhibit R4(b) TRUE COPY OF THE DETAILED STATEMENT OF AMOUNT
WP(C) NOS. 15186 & 15103 OF 2023
2026:KER:14867
RELEASED AND THE DUE AMOUNT
Exhibit R5(A) TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED FOR
RECORDING OF COMPROMISE OF THE CLAIM IN OA 4 OF
2018 DATED 10/07/2019
Exhibit R5(B) TRUE PHOTOCOPY OF THE LETTER SENT BY THE CHAIRMAN
OF NOORUL ISLAM TRUST TO THE ASSISTANT GENERAL
MANAGER OF THE 5TH RESPONDENT BANK, DATED
03/07/2024
Exhibit R5(C) TRUE PHOTOCOPY OF THE LETTER SENT BY THE CHAIRMAN
OF NOORUL ISLAM TRUST TO THE ASSISTANT GENERAL
MANAGER OF THE 5TH RESPONDENT BANK, DATED
05/07/2024
Exhibit R5(D) TRUE PHOTOCOPY OF THE LETTER SENT BY THE RESPONDENT
BANK TO CHAIRMAN OF NOORUL ISLAM TRUST DATED
05/07/2024
WP(C) NOS. 15186 & 15103 OF 2023
2026:KER:14867
APPENDIX OF WP(C) NO. 15103 OF 2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE GOVERNMENT ORDER NO GO (MS) NO
102/2019/H&FWD DATED 8-7-2019 FIXING THE FEE OF
DENTAL COLLEGES IN 2019-20, ISSUED BY THE
GOVERNMENT.
Exhibit P2 A TRUE COPY OF THE ORDER NO FRC50/20/BDS/SFDC DATED
10-11-2020, ISSUED BY THE FEE REGULATORY
COMMITTEE.
Exhibit P3 . A TRUE COPY OF THE ORDER OF THE COMMITTEE NO FRC
50/21/BDS/ SFDCK DATED 10-2-2022, FOR 2021-22
FIXING THE FEE ISSUED BY THE FEE REGULATORY
COMMITTEE.
Exhibit P4 A TRUE COPY OF THE GOVERNMENT ORDER NO G.O (MS) NO
57/2022/H&FWD DTD 16/3/2022, ISSUED BY THE
GOVERNMENT.
Exhibit P5 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE
COLLEGE ON VARIOUS DATES IN THE CATEGORY OF SC AND
THE TABULATED FORM OF ARREARS OF TUITION FEE AND
SPECIAL FEE DUE FROM THE DEPARTMENT IN THE CATEGORY
OF SC STUDENTS TO THE COLLEGE
Exhibit P6 . A TRUE COPY OF TABULATED FORM OF ARREARS OF
TUITION FEE, SPECIAL FEE IN THE CATEGORY OF ST
CATEGORY, DUE TO THE COLLEGE.
Exhibit P7 A TRUE COPY OF THE TOTAL AMOUNTS DUE TO THE COLLEGE
IN THE CATEGORY OF OEC AND OBC(H) SHOWING THE
TABULATED FORM OF ARREARS, DUE TO THE COLLEGE.
Exhibit P8 A TRUE COPY OF THE CONSOLIDATED TABULATED CLAIMS
OF IN THE CATEGORY OF SC, OEC, OBC(H) AND ST
SUBMITTED BY THE PETITIONER BEFORE THE DIRECTORATE
Exhibit P9 A TRUE COPY OF THE REPRESENTATION NO AADC/T/01/23
DTD 13/4/2023 SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT.
Exhibit P10 A TRUE COPY OF THE ONE OF THE COMMUNICATION ISSUED
BY THE UNION BANK ON INDIA NO. REF: ARB/2022-23/045
DATED 15/07/2022 SANCTIONING ONE TIME SETTLEMENT.
Exhibit P11 THE TABULATED FORM OF ARREARS OF TUITION FEE,
SPECIAL FEE, EXAM FEE ETC OF 2022 BATCH, DUE TO
THE COLLEGE, IN THE CATEGORY OF OEC CATEGORY
INCLUDING THE STUDENT'S DETAILS.
Exhibit P12 THE TABULATED FORM OF ARREARS OF TUITION FEE,
SPECIAL FEE, EXAM FEE, HOSTEL FEE AND THE STUDENT'S
DETAILS IN THE CATEGORY OF OBC (H).
Exhibit P13 THE TABULATED STATEMENT AND THE STUDENT DETAILS,
2021 BATCH IN THE CATEGORY OF OEC.
WP(C) NOS. 15186 & 15103 OF 2023
2026:KER:14867
Exhibit P14 THE STATEMENT SHOWING THE TUITION FEE, SPECIAL
FEE, EXAM FEE AND THE STUDENTS' DETAILS OF 2021
BATCH OBC (H) CATEGORY.
Exhibit P15 THE SUMMARIZED STATEMENT PREPARED BY THE COLLEGE
SHOWING THE TOTAL AMOUNT DUE TO THE COLLEGE FROM
THE DIRECTORATE UNDER OEC AND OBC (H) CATEGORY.
Exhibit P16 A TRUE COPY OF THE REPRESENTATION NO AADC/T/09/23
DTD 13-11-2023 ADDRESSED TO THE ADDITIONAL CHIEF
SECRETARY TO GOVERNMENT BACKWARD CLASS DEVELOPMENT
DEPARTMENT, WITHOUT ANNEXURES.
RESPONDENT EXHIBITS
EXHIBIT R4(a) TRUE COPY OF THE ORDER NO.CC1/10638 /2023STDD DTD
23/08/2023
EXHIBIT R4(b) TRUE COPY OF THE DETAILED STATEMENT OF AMOUNT
RELEASED AND THE DUE AMOUNT
EXHIBIT R2(a) A TRUE COPY OF THE DETAILED STATEMENT OF AMOUNTS
SHOWING THE LIST OF STUDENTS SANCTIONED AMOUNT AND
DISBURSED AMOUNT AN ACCOUNT OF EDUCATIONAL
ASSISTANCE DUE TO THE PETITIONERS INSTITUTION.
EXHIBIT R2(b) A TRUE COPY OF THE PROPOSAL NO.BCDIR/374/2022-A2
DATED 20/09/2023 SUBMITTED BY THE 2ND RESPONDENT
TO THE GOVERNMENT
EXHIBIT R2(c) A TRUE COPY OF THE PROPOSAL NO. BCDIR/374/2022-A2
DATED 14/11/2023 SUBMITTED BY THE 2ND RESPONDENT
TO THE GOVERNMENT
EXHIBIT R3(a) TRUE COPY OF THE DETAILS OF STATEMENT OF AMOUNT
PAID TO THE PETITIONERS INSTITUTION
ANNEXURE R2 (a) TRUE COPY OF DETAILED STATEMENT OF AMOUNT
DISBURSED AND PENDING TO THE AL-AZHAR DENTAL
COLLEGE .
