Kerala High Court
V.Anilkumar vs State Of Kerala on 17 November, 2023
Author: Devan Ramachandran
Bench: Devan Ramachandran
WP(C) No.33891/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Friday, the 17th day of November 2023 / 26th Karthika, 1945
WP(C) NO. 33891 OF 2023(J)
PETITIONER:
V.ANILKUMAR, AGED 54 YEARS, CHAIRMAN, SREE ANJANEYA MEDICAL TRUST IV
FLOOR, KANCHAS COMPLEX, OPPOSITE INDOOR STADIUM, KOZHIKODE, PIN -
673004
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2. DEPARTMENT OF FISHERIES 4TH FLOOR, VIKAS BHAVAN, SECRETARIAT,
THIRUVANANTHAPURAM- REPRESENTED BY DIRECTOR., PIN - 695033
3. THE KERALA STATE SC DEVELOPMENT DEPARTMENT NANDAVANAM, VIKAS BHAVAN
P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR., PIN - 695033
4. THE KERALA STATE ST DEVELOPMENT DEPARTMENT NANDAVANAM, VIKAS BHAVAN
P.O. THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR., PIN - 695033
5. THE KERALA STATE BACKWARD CLASSES DEVELOPMENT DEPARTMENT NANDAVANAM,
VIKAS BHAVAN P.O. THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR.,
PIN - 695033
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents to pass appropriate orders to release
amounts specified in Ext.P3 forthwith, under the e-grant scheme within a
reasonable time fixed by this Hon'ble Court.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. S.VINOD BHAT, ANAGHA LAKSHMY RAMAN, GREESHMA CHANDRIKA.R, V.NAMITHA
Advocates for the petitioners the court passed the following:
WP(C) No.33891/2023 2/4
DEVAN RAMACHANDRAN, J.
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W.P(C)No.33891 of 2023
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Dated this the 17th day of November, 2023
ORDER
Sri.Vinod Bhat - learned counsel appearing for the petitioner submitted that his client is now finding it difficult to continue to help the students, because they are now overrun by their financial liabilities, solely because the State has not disbursed the eligible amounts due to them, who belong to SC/ST and OBC Communities.
2. Smt.Latha Thankappan - learned Special Government Pleader, on the other hand, submitted that some amounts have already been paid and that the balance will be honoured, subject to entitlement of the petitioner.
3. There can be little doubt that the benefit of grant to students of the vulnerable communities is part of social engineering imperatives. This Court has been always emphasized that it is only if students from such communities are given the encouragement to come forward in life, particularly in academic and other pursuits, can we attain the constitutional requirements of social engineering. When the WP(C) No.33891/2023 3/4 2 College says that they are finding it difficult to continue to help the students by subsidizing their fees, without support from the Government, it really projects a very serious issue.
4. This Court is clear that the educational requirements of students belonging to the SC/ST and OBC Communities cannot be compromised or negotiated in any manner whatsoever. They have to be given every support as is warranted; and it is the Government to ensure that this is done without offering excuses, because, finally, it is their duty to such students, which will otherwise be breached.
In the afore circumstances, I adjourn this matter to be called after two weeks; within which time, the competent Authority will inform this Court the exact amount due to the petitioner until date, including arrears, if any. This shall be in the form of an affidavit sworn to by a competent Authority.
Sd/-
DEVAN RAMACHANDRAN, JUDGE MC 17-11-2023 /True Copy/ Assistant Registrar WP(C) No.33891/2023 4/4 APPENDIX OF WP(C) 33891/2023 Exhibit P3 COPY OF LETTER DATED 09-10-2023 WRITTEN BY THE PETITIONER TO THE SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVERNMENT OF KERALA 17-11-2023 /True Copy/ Assistant Registrar