Kerala High Court
Akshay Ashok vs Union Of India on 20 January, 2021
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
WP(C).No.29224 OF 2020(C)
PETITIONERS:
1 AKSHAY ASHOK,
AGED 20 YEARS
S/O. ASHOK KUMAR, KARTHIKA,
KUTTEMPEROOR P.O, MANNAR, PIN CODE-689 623
2 JEEZ MATHEW JOISE,
AGED 18 YEARS,
S/O. JOISE MATHEW, ARACKAPARAMBIL, ANAKULAM P.O.,
IDUKKI, PIN CODE-685 565
3 AMAL REJI,
AGED 19 YEARS,
S/O. REJI K.U, KANNANTHANATH (H),
ANAKKAMPOYIL P.O, KOZHIKODE.
4 ABHISHEK M,
AGED 19 YEARS,
S/O. MADHUSOODHANAN, MANGALAPALLIL (H),
PATTUKULANGARA, THURAVOOR P.O, ALAPPUZHA,
PIN CODE-688 532
5 RAMKUMAR S,
AGED 18 YEARS,
S/O. SEKAR N AND THILAGAVATHI S, 23,
JAWAN QT, GANDHINAGAR, THANJAVUR-613 007.
6 ARJUN RAJ A,
AGED 19 YEARS,
S/O. RAJI RAJAKUMAR, NANDANAM,
PALAMOODU, VEMBAYAM P.O, TRIVANDRUM-695 619
7 ANAND M. VARUGHESE,
AGED 20 YEARS,
S/O. K.M. VARGHESE, KANJIRIKKATTU,
ELANJIMEL P.O, CHENGANNUR, PIN CODE-689 511
8 ANGELO ALBERT,
AGED 19 YEARS,
S/O. ALBERT ANTONY, APPLE KADAYIL PARAMBU,
THANGASSERI, KOLLAM, PIN CODE-691 007
WP(C).No.29224 OF 2020 -2-
9 SATHWIK WILSON,
AGED 19 YEARS,
S/O. WILSON T THOMAS, THAYYIL HOUSE,
BALAL P.O., KASARGOD, PIN CODE-671 533
10 ABISHEK NIKHIL,
AGED 19 YEARS,
S/O. C. CHELLADURAI, OTTAPARAI DIVISION,
LETCHMI ESTATE, MUNNAR, IDUKKI , PIN CODE-685612
11 GOVIND M.S,
AGED 19 YEARS,
S/O. C. MOHANAN, MEKKUMKARA (H), ANAD P.O,
NEDUMANGAD, TRIVANDRUM, PIN CODE-695 541
12 MAVILLA SURYA,
AGED 19 YEARS
S/O. MAVILLA SASDIHAR, OM SHANTI NAGAR,
VIVEKANANDA NAGAR, ROAD NO. 20,
DOOR NO. 39/483, YSR KADAPA-516 002
13 KRISHNA S KUMAR,
AGED 21 YEARS,
D/O. SURESH KUMAR, V K (H), MUTHERI,
NILAMBUR RS, MALAPPURAM, PIN CODE-676 504
14 ADITHYA A.M,
AGED 20 YEARS
D/O. MANIKANDAN AC, AREEKARA (H), ALATHIYUR P.O,
PANCHAMPADI, MALAPPURAM, PIN CODE-676 102.
15 NAHLA K.V,
AGED 19 YEARS,
D/O. MOIDHEENKUTTY K.V, KUDUKKATH VALAPPIL (H),
THANDILAM, NARIPARAMBA P.O, MALAPPURAM,
PIN CODE-679 573.
16 SREELEKSHMI S,
AGED 20 YEARS,
D/O. SATHEESH CHANDRAN NAIR AND USHA SATHEESH,
CHANGAVILA PUTHEN VEEDU, MANCHALLOOR,
PATHANAPURAM P.O, KOLLAM, PIN-CODE-689 695
17 CRIPA BIJU,
AGED 20 YEARS,
D/O. BIJU ANTONY, PUTHENPARAMBU, THAKAZHY,
THENNADY, CHIRAYAKAM P.O, ALAPPUZHA.
WP(C).No.29224 OF 2020 -3-
18 GOURI T.S,
AGED 20 YEARS
D/O. SAJEESH T.S, THOPIL THEJUS,
MELOOD P.O, ADOOR, PIN CODE-691 554.
19 AFSANA AFSAL,
AGED 20 YEARS,
D/O. AFSAL AS, AFSANA MANSIL, KOTTAMKULANGARA WARD,
AVALOOKUNNU P.O, ALAPPUZHA, PIN CODE-688 06
20 ANAGHA C.S,
AGED 19 YEARS,
D/O. SOMAN C.S, AND BINDHU K.V, CHANDHURUTHIL(H),
PERAKAM P.O, CHAVAKKAD, THRISSUR-680 506
21 ANNA EVA B GEORGE,
AGED 19 YEARS,
D/O. BIJU GEORGE, MUKALUVILAYIL (H),
NEAR KRISHNA MANDIR, KANJHANGAD P.O,
KASARGOD-671 315
22 ANANTHAKRISHNAN C.S,
S/O. B. CHANDRAKUMAR, SREE KRISHNAN VILASAM,
PUNNALA, KOLLAM, PIN CODE-689 695
BY ADVS.
SRI.P.SANJAY
SMT.A.PARVATHI MENON
SRI.BIJU MEENATTOOR
SRI.PAUL VARGHESE (PALLATH)
SRI.P.A.MOHAMMED ASLAM
SRI.KIRAN NARAYANAN
SHRI.PRASOON SUNNY
SHRI.RAHUL RAJ P.
RESPONDENTS:
1 UNION OF INDIA,
REP. BY SECRETARY , DEPARTMENT OF ANIMAL HUSBANDRY,
DAIRYING AND FISHERIES, MINISTRY OF AGRICULTURE AND
FARMERS WELFARE, KRISHI BHAVAN, NEW DELHI-110 011
2 CENTRAL INSTITUTE OF FISHERIES ,
NAUTICAL AND ENGINEERING TRAINING (CIFNET),
MINISTRY OF AGRICULTURE AND FARMERS WELFARE,
DEPARTMENT OF ANIMAL HUSBANDRY, DAIRYING AND
FISHERIES, FORESHORE ROAD, KOCHI-682 016,
WP(C).No.29224 OF 2020 -4-
REPRESENTED BY ITS DIRECTOR.
3 THE SENIOR ADMINISTRATIVE OFFICER,
CENTRAL INSTITUTE OF FISHERIES,
NAUTICAL AND ENGINEERING TRAINING (CIFNET),
MINISTRY OF AGRICULTURE AND FARMERS WELFARE,
DEPARTMENT OF ANIMAL HUSBANDRY,
DAIRYING AND FISHERIES,
FORESHORE ROAD, KOCHI-682 016
4 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
KALAMASSERY P.O, KOCHI, PIN-682022,
REPRESENTED BY ITS REGISTRAR.
R1-3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
R4 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.29224 OF 2020 -5-
JUDGMENT
Dated this the 20th day of January 2021 Petitioners twenty two (22) in number are the students of 2nd year Bachelor of Fisheries Science (Nautical Science) or BFSc.(NS) in the institute of 2 nd respondent affiliated with 4th respondent i.e., Cochin University of Science and Technology, Kalamassery, Kochi.
2. The grievances of the petitioners in the Present writ petition is that the 3rd respondent i.e., the Senior Administrative Officer of the Central Institute of Fisheries, Nautical & Engineering Training (CIFNET) has issued a directive that the petitioners should remit 3 rd semester fees amounting to Rs.35,405/- on or before 31.12.2020. They submit that the fees is bifurcated under several heads like board training, Library, Computer Internet, Study Tour, Swimming, Sports, Recreation etc. which could not be availed owing to the COVID-19 pandemic. Respondents is the "State" and should adopt the concept of "welfare state" and there were no regular classes owing WP(C).No.29224 OF 2020 -6- to the COVID-19 pandemic. In this regard the petitioners had submitted a representation Ext.P5 dated 18.12.2020 but no action has been taken compelling the petitioners to approach this Court.
3.. This Court vide interim order dated 29.12.2020 ordered that in case the fees for the 3 rd Semester in 2nd year course is paid by the petitioners, it will be subject to the result of this writ petition. Learned counsel for the petitioners submits that some of the students had paid and some of them had not. It is very difficult to pay such fees as the income of the parents had also reduced owing to the COVID-19 pandemic.
3. Learned counsel for the institution submits that a proper representation should have been addressed to the Director instead of the Administrative Officer.
4. On the contrary, learned counsel representing the University submits that the aforementioned institute is not affiliated but only recognized. The fee structure is fixed by the Institute.
5. Having heard learned counsel for the parties, I WP(C).No.29224 OF 2020 -7- am of the view that the ends of justice could be met in case the representation of the petitioners submitted to Administrative Officer is forwarded to the Director of the Institute and the Director of the Institute shall take a call on re-fixation of the fees in view of the grounds stated by the petitioners as certain facilities for which amount is charged under various heads were not availed. Director shall afford an opportunity of hearing to the representative of petitioners or their parents, if any, for arriving at a just and final conclusion. This exercise to be undertaken within a period of forty five(45) days from the date of receipt of a copy of this judgment. Writ petition stands disposed of. Till such time the representation is decided the interim order is ordered to be maintained.
Sd/-
AMIT RAWAL JUDGE vv WP(C).No.29224 OF 2020 -8- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COUNSELING CUM ADMISSION MEMORANDUM FOR BFSC (NS) COURSE OF THE 2ND RESPONDENT FOR THE ACADEMIC YEAR 2019-2023 NUMBERED AS NO. F.1-1/2019 TRG. DATED 02.07.2019.
EXHIBIT P2 TRUE COPY OF THE CIRCULAR ISSUED BY THE 3RD RESPONDENT NUMBERED AS F.NO. 1 9/2018 TRG. DATED 15.10.2020.
EXHIBIT P3 TRUE COPY OF THE ONLINE RECEIPT OF 2ND YEAR /SEMESTER FEES PAID TO THE 2ND RESPONDENT ISTITUTE BY THE 1ST PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE ONLINE RECEIPT OF 2ND YEAR/SEMESTER FEES PAID TO THE 2ND RESPONDENT INSTITUTE BY THE 2ND PETITIONER.
EXHIBIT P4 TRUE COPY OF THE LIST OF FEES CHARGED UNDER THE 13 DISPUTED HEADS DATED NIL.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION TO THE 3RD RESPONDENT DATED 18.12.2020 SEEKING WAIVER OF FEES.