Kerala High Court
Priyanka G. Das vs State Ofkerala on 31 October, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:81784
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 31ST DAY OF OCTOBER 2025 / 9TH KARTHIKA, 1947
WP(C) NO. 5808 OF 2025
PETITIONER:
PRIYANKA G. DAS
AGED 33 YEARS
D/O M.GOKULDAS, DAFFODIL, KONDOTTY,
PALLIKKARA P.O, MALAPPURAM, PIN - 673634
BY ADVS.
SMT.P.K.SANTHAMMA
SMT.JEEVA KUMARI P.S
RESPONDENTS:
1 STATE OFKERALA
REPRESENTED BY PRINCIPAL SECRETARY,
SC/ST DEVELOPMENT DEPARTMENT,
GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR
SCHEDULED CASTE DEVELOPMENT DEPARTMENT,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM,
PIN - 695033
3 DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICE
KOZHIKKODE, CIVIL STATION P.O,
ERANHIPPALAM, KOZHIKKEDE, PIN - 673020
4 DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICE
OFFICE OF THE UP HILL, MALAPPURAM,
PIN - 676505
2025:KER:81784
W.P.(C) No.5808/2025
:2:
5 INDIAN INSTITUTE OF MANAGEMENT
KOZHIKKEDE (IIM KOZHIKKODE) IIMK CAMPUS P.O,
KUNNAMANGALAM, KOZHIKKODE DISTRICT ,
PIN - 673570
BY ADV.
SRI.ROBINRAJ M.K., SPECIAL GOVERNMENT PLEADER
FOR SC/ST
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.09.2025, THE COURT ON 31.10.2025
DELIVERED THE FOLLOWING:
2025:KER:81784
W.P.(C) No.5808/2025
:3:
N. NAGARESH, J.
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W.P.(C) No.5808 of 2025
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Dated this the 31st day of October, 2025
JUDGMENT
~~~~~~~~~ The petitioner is before this Court aggrieved by the denial of educational concessions for MBA Course she had done during 2020-2022 in IIM, Kozhikode.
2. The petitioner belongs to Scheduled Caste. She took M.Tech Degree from NIT, Suratkal and joined for MBA Course in the IIM, Kozhikode. The petitioner states that seats are reserved for Scheduled Castes and Scheduled Tribes in the Institution and the State Government is bound to pay the fee of the Scheduled Caste and Scheduled Tribe students. Ext.P6 Government Order dated 02.07.2009 makes it clear that SC/ST students, who secure admission 2025:KER:81784 W.P.(C) No.5808/2025 :4: through the National Tests, are entitled to fee concession at the rate approved by the State and University. Ext.P6 provides that students, who secure admission in professional courses through competitive examinations, are entitled to educational concessions and they are entitled for the fees fixed by the Institution.
3. On getting admission, the petitioner submitted application for educational concession, through the College. The 3rd respondent-District Scheduled Caste Development Officer did not process the application in spite of repeated requests made by the petitioner. The petitioner sent a representation to the Minister for SC/ST Development Department. The representation was not responded to.
4. Therefore, the petitioner had to apply for educational loan. The Union Bank of India sanctioned ₹24,80,227/-. The 3rd respondent returned the application submitted by the petitioner stating that her application can be considered only by her native District SC Development Office.
2025:KER:81784 W.P.(C) No.5808/2025 :5: When the petitioner made further enquiries, the Director, Scheduled Caste Development Department informed that since the fee for the courses, which were being conducted by the nationally important self financing institutions like IIT, IIM, ISER, IITMK, are not approved by the University or Fee Fixation Committee, the issue was forwarded to Government for obtaining clarification.
5. The petitioner states that as per Ext.P14 G.O. dated 05.01.2023, students who secure admissions in a nationally important institution are entitled to scholarship. It also enables the petitioner for getting fees. Ext.P6 clarification letter dated 02.03.2023 also clarified that students who study in self financing institutions like IIT, IIM, IIMK, NIFT, etc. are entitled for educational concessions. In spite of all these Government Orders and enabling provisions, the petitioner was not given the educational assistance. The petitioner therefore seeks to quash Exts.P15 and P16 to the extent they restrict the educational concession 2025:KER:81784 W.P.(C) No.5808/2025 :6: to the students who studied in the IIM, IIT, NIFT and IIMK.
6. The 1st respondent resisted the writ petition. According to the 1st respondent, there is no provision in Ext.P6 enabling grant of scholarship to students enrolled in autonomous educational institutions. Therefore, the petitioner is not entitled to fee concessions.
7. As per the prevailing procedure, applications for educational scholarships are to be submitted through e- Grantz online portal. As the petitioner was studying in an autonomous institution, she was not in a position to submit an application through the said portal. The 3rd respondent could not have entertained a manual application.
8. As far as Government of India Scholarships are concerned, only students whose annual family income does not exceed ₹2,50,000/- are entitled to it. The annual family income of the petitioner was ₹11,70,588/-. The writ petition is therefore misconceived and it is only to be dismissed.
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9. I have heard the learned counsel for the petitioner and the learned Special Government Pleader representing SC/ST Department.
10. The facts are not in dispute. The petitioner joined MBA Course in the Indian Institute of Management, Kozhikode during the period 2020-2022. The petitioner has not been extended with the benefit of educational assistance/concession. The petitioner challenges Exts.P15 and P16. In Ext.P15, the Government has informed the Scheduled Caste Development Department that only those students admitted in Autonomous Colleges on the basis of merit/reservation need be granted scholarships. Ext.P16 stated that to the SC students undergoing studies in IIT, IIM, IIMK and NIFT in autonomous Colleges, educational concessions need be given only on the basis of Government Orders dated 05.01.2023 and Government Letter dated 14.02.2023.
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11. The petitioner got admission for MBA Course in IIM, Kozhikode on the basis of her successful appearance in CAT Entrance Examination. IIM, Kozhikode is a nationally important institution. The payment of fee in the IIM, Kozhikode is fixed by the institute itself. The Government is duly represented in the governing body of the institute. The fee fixed by the instituted should therefore be treated as having approval of the State Government.
12. The petitioner secured admission in IIM, Kozhikode in a seat reserved for Scheduled Castes. Ext.P6 G.O. dated 02.07.2009 categorically says that the students who secure admissions in professional courses through the competitive examinations like CAT, MAT, etc. are entitled to educational concessions and they are entitled for the fees fixed by the institution. Therefore, the petitioner cannot be denied the benefit of educational assistance.
13. In the facts and circumstances of the case, the petitioner is entitled to relief. It is declared that 2025:KER:81784 W.P.(C) No.5808/2025 :9: respondents 1 to 4 are liable to pay the fee fixed by the 5th respondent for the MBA Course undergone by the petitioner during the period 2020-2022. Respondents 1 to 4 are directed to pay the entire fees to the petitioner, payable to the 5th respondent. The amounts shall be disbursed to the petitioner within a period of two months.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE aks/29.10.2025 2025:KER:81784 W.P.(C) No.5808/2025 : 10 : APPENDIX OF WP(C) 5808/2025 PETITIONER'S EXHIBITS EXBT.P1 THE COPY OF MBA CERTIFICATE ISSUED FROM IIMK EXBT. P2 THE COPY OF HER COMMUNITY CERTIFICATE EXBT. P3 THE COPY OF THE RELEVANT PAGES OF THE INDIAN INSTITUTE OF MANAGEMENT ACT 2017 DATED 31.12.2017 EXBT. P4 THE COPY OF THE NOTIFICATION FOR THE COMMON ADMISSION TEST CAT 2020 EXBT. P5 THE COPY OF THE RELEVANT PAGES OF THE AS PER SECTION 3 OF THE ACT EXBT. P6 THE COPY OF THE ORDER DATED 2-7-2009GO (MS) NO. 50/2009/SC ST DD EXBT. P7 THE COPY OF THE APPLICATION FORM FOR EDUCATIONAL CONCESSION EXBT. P8 THE COPY OF THE FEE STRUCTURE ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER EXBT. P9 THE COPY OF THE REPRESENTATION DATED 04.10.2021 TO THE HON'BLE MINISTER EXBT. P10 THE COPY OF THE BANK STATEMENT OF LOAN AMOUNT PENDING EXBT. P11 THE COPY OF THE REPLY DATED 9-6-2022, BY THE 3RD RESPONDENT EXBT. P12 THE COPY OF THE APPLICATION DATED 24.03.2022 TO THE 2ND RESPONDENT EXBT. P13 THE COPY OF THE REPLY DATED 30-4-2022 EXBT. P14 THE COPY OF THE GOVT. ORDER DATED 05.01.2023 EXBT. P15 THE COPY OF THE LETTER DATED. 14-2- 2023 BY THE 1ST RESPONDENT EXBT. P16 THE COPY OF THE CLARIFICATION LETTER DATED 2-3-2023 BY 2ND RESPONDENT EXBT. P17 THE COPY OF REPRESENTATION DATED 7-3- 2023 EXBT. P18 THE COPY OF THE REPRESENTATION DATED 29-5-2023 EXBT.P 19 THE COPY OF THE JUDGMENT DATED 20-12- 2025:KER:81784 W.P.(C) No.5808/2025 : 11 : 2023 IN WP© NO. 24692/2023 EXBT. P20 THE COPY OF THE LETTER DATED 25-7-2024 EXBT. P21 THE COPY OF THE JUDGEMENT DATED 30-10- 2024 IN CONTEMPT CASE NO. 1232/2024 IN WP© NO. 24692/2023