Kerala High Court
Athira S vs The State Of Kerala on 27 July, 2022
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 14368 OF 2021
PETITIONER:
ATHIRA S.
D/O. LATE SURESHKUMAR, 3RD YEAR MBBS STUDENT, KMCT
MEDICAL COLLEGE, MANASSERY, MUKKAM, KOZHIKODE -
673602., RESIDING AT POYIL HOUSE, PANNIKKOTTOOR,
KODUVALLY VIA, PALANGAD, NARIKKUNI, KOZHIKODE - 673585.
BY ADVS.
K.M.JAMALUDHEEN
LATHA PRABHAKARAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE PRINCIPAL SECRETARY
GOVERNMENT OF KERALA, DEPARTMENT OF HEALTH AND FAMILY
WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -
695 001.
3 THE PRINCIPAL SECRETARY
SCHEDULED CASTE AND SCHEDULED TRIBE DEVELOPMENT
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
- 695 001.
4 THE DIRECTOR
DIRECTORATE OF SCHEDULED CASTE AND SCHEDULED TRIBE
DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKAS BHAVAN,
THIRUVANANTHAPURAM - 695 033.
5 THE DISTRICT DEVELOPMENT OFFICER FOR SCHEDULED CASTE
AND SCHEDULED TRIBE
DISTRICT DEVELOPMENT OFFICE, CIVIL STATION, KOZHIKODE -
673 020.
6 ADMISSION AND FEE REGULATORY COMMITTEE FOR MEDICAL
EDUCATION IN KERALA
HEAD OFFICE, TC 15/1553-4, PRASANTH BUILDING, M. P.
APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695014,
REPRESENTED BY CHAIRMAN.
7 THE DIRECTORATE OF MEDICAL EDUCATION OF KERALA STATE
MEDICAL COLLEGE POST, THIRUVANANTHAPURAM - 695 011,
REPRESENTED BY ITS DIRECTOR.
8 THE COMMISSIONER OF ENTRANCE EXAMINATIONS
OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATIONS,
WPC14368/2021 2
5TH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM - 695001.
9 KMCT MEDICAL COLLEGE
KMCT MEDICAL COLLEGE CAMPUS, MANASSERY, MUKKAM POST,
KOZHIKODE - 673602, REPRESENTED BY ITS CHAIRMAN,
KUNHITHARUVAI MEMORIAL CHARITABLE TRUST, KMCT MEDICAL
COLLEGE CAMPUS, MANASSERY, MUKKAM POST, KOZHIKDOE -
673602.
10 ADDL.R10 KERALA STATE BACKWARD COMMUNITY DEVELOPMENT
CORPORATION,
II FLOOR, T.C.NO.27/588(7) AND (8), PATTOOR, VANCHIYUR
POST, THIRUVANANTHAPURAM - 695 053, REPRESENTED BY ITS
CHAIRMAN.
11 ADDL.R11 THE KERALA BACKWARD COMMUNITY DEVELOPMENT
DEPARTMENT OFFICE,
COLLECTORATE, CIVIL STATION, ERANHIPALAM, WAYNAD ROAD,
KOZHIKODE - 673 020, REPRESENTED BY DISTRICT MANAGER.
[ADDL. R10 AND R11 ARE IMPLEADED AS PER ORDER DATED
01/12/2021 IN I.A NO.1/2021 IN W.P.(C) 14368/2021.]
12 ADDL.R12 BACKWARD CLASSES DEVELOPMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001, REPRESENTED
BY ITS PRINCIPAL SECRETARY.
[ADDL.R12 IS IMPLEADED AS PER ORDER DATED 01/12/2021 IN
I.A NO.3/2021 IN WP(C) 14368/2021]
BY ADVS.
FOR R6 SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
FOR ADDL. R10 M.SASINDRAN
OTHER PRESENT:
GP P.S.APPU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC14368/2021 3
V.G.ARUN J.
-------------------------------------
W.P.(C) No. 14368 of 2021
---------------------------------
Dated this the 27th day of July 2022
JUDGMENT
The petitioner is perusing her studies at the KMCT Medical College. She belongs to Vaniya community included among other eligible communities. As such, petitioner is entitled for the benefits as regards payment of fees. Petitioner's grievance is that, in spite of the fees for medical colleges being fixed by the Fee Regulatory Committee as per Ext.P3, the Government is paying only Rs.4,500/- per month towards hostel fee, thereby compelling the petitioner to shell out the balance amount.
2. Learned counsel for the petitioner contended that Ext.P3 order of the Fee Regulatory Committee and Ext.P4 Government Order specifically stipulates that tuition fees, special fees and other eligible fees in respect of SC/ST/ OBC students will be sanctioned by the Director of SC/ST Development Department at the rate fixed by the Fee Regulatory Committee. Hence, the 4th respondent is bound to disburse the full amount of hostel fees payable by the petitioner. The learned counsel also relied on the decision in Kunhitharuvai Memorial Charitable Trust v. State of Kerala (2021(6) KLT 726), wherein this court held that the State, though represented by different departments, WPC14368/2021 4 can only speak with one voice. In that case, decision was taken by the Department to pay fees of only the meritorious SC/ST MBBS students. Interfering with the decision, the Division Bench held that there cannot be any discrimination among the eligible students.
3. The learned Special Government Pleader submitted that the tuition fees, special fees and other eligible fees mentioned in Ext.P4 Government Order, does not take in hostel fees. It is pointed out that hostel fees of different colleges vary and hence, the Department fixed Rs.4500/- as the hostel fees payable, based on the fee structure in Government Medical Colleges.
4. Refuting this contention, learned counsel for the petitioner submitted that Ext.P3 order, based on which Ext.P4 has been issued, provides for hostel fees also. It is submitted that the contention now urged by the Special Government Pleader does not find a place in the counter affidavit filed by the additional 12th respondent. In the nature of the dispute involved, the following paragraph from the counter affidavit of the 12th respondent assumes relevance;
" It is submitted that the Academic fees fixed by the Fee Regulatory Committee are sanctioned and paid by the department in time. But in the case of Hostel fees even though FRC recommended to collect higher hostel fees according to their physical amenities, SC/ST/Backward WPC14368/2021 5 Classes Development Department cannot pay the recommended hostel charges until the same will be cleared by the Finance Department. Moreover, as mentioned above, the Backward Classes Development Department issued Exhibit R12(a) Government Order limiting hostel charges at Rs.4500/- after the issuance of Exhibit P4 Government Order by Health and Family Welfare Department. For changing the said limit, a Policy decision is necessary. "
5. I am of the considered opinion that in view of the statement at paragraph 2 extracted above, the Government is bound to take a decision with regard to the payment of hostel fees to eligible students like the petitioner expeditiously. The financial aid granted in the form of payment of tuition fees and other charges will be of little benefit if the students are compelled to pay a substantial portion of the hostel fees fixed by the Fee Regulatory Committee from out of their pocket.
6. The writ petition is hence disposed of directing the first respondent to take appropriate decision on the claim for remittance of full hostel fees to eligible candidates like the petitioner, who are pursuing their studies in professional colleges.
Sd/-
V.G.ARUN Judge dpk WPC14368/2021 6 APPENDIX OF WP(C) 14368/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE ALLOTTED TO KMCT MEDICAL COLLEGE.
Exhibit P2 TRUE COPY OF THE LETTER NO.FRC50/19 MBBS/KMCT DATED 06.07.2019 BY THE 6TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE LETTER NO.FRC50/19 MBBS/KMCT DATED 15.07.2020 BY THE 6TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE GO(MS) NO.100/2019 H&FWD DATED 06.07.2019 ISSUED BY THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE APPLICATION DATED 12.08.2019 SUBMITTED BY THE PETITIONER.
RESPONDENTS EXHIBITS:
EXHIBIT R13(a): COPY OF THE G.O.(Rt.) NO.121/2019/BCDD DATED 11/11/2019