The Principal vs R. Sivasankara Pillai on 11 June, 2025

[Cites 4, Cited by 0]

Kerala High Court

The Principal vs R. Sivasankara Pillai on 11 June, 2025

This judgment shall dispose of Writ Appeal Nos.60, 69 and 587 of 2023 and 1175, 1734, 1925 and 1989 of 2022 and Writ Petition Nos.5158, 4518, 7141 and 4514 of 2022 and 29282 of 2023. W.A.Nos.1175 of 2022 arises out of the detailed judgment of the learned Single Bench dated 13.07.2022. In all other writ appeals, challenge has been laid to short judgments of the single Bench.

2. Aforesaid writ appeals have been filed against dismissal of the writ petitions, by the appellant-petitioner, assailing the orders of Admission Supervisory Committee (ASC) on different dates. W.A.60/2023 against the judgment in W.P(C).6452/2022 assailing the order of the ASC dated 23.12.2021, W.A.69/2023 against W.P(C).31519/2022 assailing order dated 14.6.2022, W.A.587/2023 against W.P(C).4880/2022 assailing order dated 1.12.2021, W.A.1175/2022 against W.P(C).19705/2022 assailing order dated 2.3.2022, W.A.1734/2022 against W.P(C).1245/2022 27 WA. No.60/23 & con. cases 2025:KER:42058 assailing order dated 6.11.2021, W.A.1925/2022 against W.P(C).2592/2022 assailing order dated 14.11.2022, W.A.1989/2022 against W.P(C).4717/2022 assailing order dated 14.11.2022.

3. Writ Petition Nos.4514, 4518, 5158 and 7141 of 2022 have been filed by the petitioner challenging the orders of the ASC dated 12.11.2021, 12.11.2021, 30.11.2021 and 20.12.2021 respectively. Lastly, Writ Petition No.29282 of 2023 has been filed against order of the ASC dated 14.07.2023 which pertains to return of the fees with regard to the students, who, during the intervening period of litigation, have been transferred to different colleges.

4. Thus, except W.P.(C) No.29282 of 2023 which had been preferred against the order of the ASC dated 14.07.2023, in all other writ petitions as also in the writ petitions against which aforesaid writ appeals have been filed, challenge has been laid to the different orders of the ASC whereby the appellant-petitioner has been directed to pay/refund the amount mentioned in the order, to the party respondents/ complainants therein. 28 WA. No.60/23 & con. cases 2025:KER:42058

5. Appellant/petitioner is the principal of Kannur Medical College, a self financing un-aided medical educational institution administered by Prestige Educational Trust, established on permission from the Central Government from the academic year 2006-07 onwards, with an intake of 150 students per year. The dispute pertains to admission of the students pertaining to batch 2016-17 of MBBS Course, which was subsequently cancelled by the ASC on the ground that ONLINE application was not made for the admission process. For the aforementioned period, there was also an allegation that Ancharakandy College, Kannur had allegedly collected large amount of money from each of the students in excess of the fees payment.

6. In consonance with the directions of the Union Government directing all the states and union territories to conduct the combined/centralized counselling for 2016-17 MBBS admissions, Government of Kerala on 24.08.2016 had directed all the Medical Colleges in Kerala that the students should be selected by the Central Entrance Examination (CEE). The aforementioned direction was challenged by the 29 WA. No.60/23 & con. cases 2025:KER:42058 various colleges before the Kerala High Court and an interim order was passed by the High Court to the effect that MBBS admission for 2016-17 shall be conducted on the basis of NEET, 2016 and all the applications were to be submitted online to facilitate the transparency with regards to the merit and identity of the applicants. However, ASC on 03.09.2016, reiterated its stand that the admissions were in contravention of the directions and thereafter vide order dated 15.09.2016 after conducting an inquiry, cancelled all the admissions on the ground that the college had neither called for ONLINE application nor complied with the requirements in the revised approval of prospectus.

7. On 02.10.2016, the ASC cancelled MBBS admissions granted by Kannur Medical College (erstwhile college) due to non compliance of the orders and the Kerala Government was requested to direct the CEE to conduct centralized admissions. The matter was taken up before this Court in Writ Petition No.32186/2016 cancelling the admissions to the MBBS course and on 06.10.2016 interim order was passed by this Court directing the KMC (erstwhile college) to submit 30 WA. No.60/23 & con. cases 2025:KER:42058 records to the CEE for conducting the spot admissions. Ultimately writ petition was dismissed by the High Court on 28.10.2016 with cost of Rs.1,00,000/- with a direction to the ASC to scrutinize all the records. The order was assailed before the Supreme Court in SLP Civil No.3574-75 of 2016, but on 22.03.2017 the Supreme court declined to interfere with judgment of the Kerala High Court.

8. However, 14.11.2016, admissions made by the erstwhile Medical College were cancelled once again due to continued non compliance with various directions, including non-publication of lists and conduct of admissions offline, among other persons.

9. The Registrar of Kerala University Health Sciences on 31.03.2017, directed the Principal of the Medical College to discharge 150 students admitted for the academic year 2016- 17 and report compliance. The students instituted Writ Petition (C) No.16441 of 2017 in this Court to challenge the order of cancellation of the admission, which was dismissed by the order dated 22.06.2017. Dismissal order was confirmed by the Supreme Court on 10.07.2017 in Special 31 WA. No.60/23 & con. cases 2025:KER:42058 Leave Petition No.17080 of 2017.

10. Another controversy started when the State of Kerala promulgated Kerala Professional Colleges (Regularization of Admissions in Medical Colleges) Ordinance 2017, to regularize MBBS admissions in certain colleges against the payment of Rs.3,00,000/- per student as regularization fees. The aforementioned ordinance was held ultra vires by the Supreme Court in Medical Council of India v. state of Kerala and Others [(2019) 3 SCC 185].

11. In the meantime, several students/parents started pressing the college for return of the original documents and refund of the fees as many students had joined other colleges for their studies, including MBBS courses much less even filed complaints before the police and FIR was also registered.

12. Erstwhile college had entered into certain settlement with the students/parents and applications were filed for withdrawal of complaints. However, in some cases, the Chairperson of the Admission and Fees Regularity Committee for Medical Education had passed an order permitting withdrawal of the complaints owing to the settlement. But in 32 WA. No.60/23 & con. cases 2025:KER:42058 several cases, in spite of the settlement, disputes persisted.

13. On 29.08.2018, the Supreme Court in Special Leave Petition (Civil) No.23225 of 2018, titled as the Principal, Kannur Medical College v. Admission Supervisory Committee, passed the following order:

"1. The college shall return the double of the amount than the fees at (sic) deposited by each one of 150 students with college, by 4th September, 2018.

It is submitted that the amount shall be remitted in the bank account of each of the students. Let compliance report including bank statements, bank account numbers with names of students be filed not only in this Court but also to the Admission Supervisory Committee (ASC). The ASC shall ascertain and submit the report whether amount has been refunded, as ordered, to the students and bank accounts belong to them.

2. It is agreed to that the order of ASC for withdrawal of the affiliation shall not be acted upon in case the order is complied with.

3. It is also agreed to that Kannur Medical College, shall be permitted to participate in the mop- up round, which is going to take place on 4th and 5th of September, 2018, before the Controller of Entrance Examination, Kerala, and only those students who opt for college shall be allotted and no other.

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4. The fees fixed by the ASC shall only be realised by the college from the students who opt for the college in question for the year 2018-19 onwards.

5. The college shall not admit even a single student for the year 2018-19, other than the one allotted by the Controller of Examination in the counselling that is to be held on 4th and 5th of September, 2018. In case of violation, entire order shall be withdrawn.

6. It is also undertaken that in future the college shall not collect the fees in any name more than one year's fees as prescribed under the Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act, 2017 and by ASC.

7. Let the amount of Rupees One Crore cost be paid by the college to the Chief Minister's Relief Fund, Kerala, by 20th September, 2018. The college shall also deposit the sum of Rs.10,00,000/- (Rupees Ten Lakhs) with the Supreme Court Advocates-on-Record Welfare Trust and Rs.1,00,000/- (Rupees One Lakh) with the Supreme Court Bar Association.

8. If the original documents, if any, of the students, which may be lying with the college, shall be returned to the concerned students.

In case of non-compliance, the order shall be withdrawn by this Court. In view of disposal of the main petition, pending applications shall also stand 34 WA. No.60/23 & con. cases 2025:KER:42058 disposed of."

14. Subsequently, the issue of refund was revisited by the Supreme Court in the order dated 04.10.2018 in M.A.No.2354/2018 in SLP(C) No.23225/2018 noticing that there had been a dispute with regard to the different amount being received from different students ranging from Rs.35 lakhs and onwards. In the aforementioned order, Supreme Court also noticed the report of the ASC dated 01.09.2018. The same is extracted hereunder:

"Sub: Refund or Amount Paid By The 2016-17 Batch Mbbs Students-Public Notice Issued By The Kannur Medical College Matters -Reg.

Ref: 1. Order of the Hob'ble Supreme Court of India in SLP (C) No.23225 of 2018 dated 29.08.2018.

2. This office letter of even number dated 31.08.2018

3. Your email dated 31.08.2018 at 11.40 AM enclosing a Public notice.

The Admission Supervisory Committee has noticed the contents in the public notice issued by the Kannur Medical College and found that the notice issued is totally against the direction contained in the Hon'ble Supreme Court order dated 29.08.2018 and it appears that the 35 WA. No.60/23 & con. cases 2025:KER:42058 Medical College has not properly understood the order.

The apex court has directed the medical college to comply with was clearly stated in the communication referred as 2nd paper above, i.e. the Hon'ble Supreme court has directed to refund double of the amount than the fees deposited by each one of the 150 students.

The tuition fees regulated by the Fee Regulatory Committee for Kannur Medical College during the academic year 2016-17 was Rs.3 lakhs as per the order no. FRC 50/16/MBBS/KMC dated 23.02.2018, which was already received by the Medical College. The Medical College has to refund this amount of 3 lakhs to each of the 150 students.

In addition the Medical College had collected an amount ranging from 35 lakhs to one Crore most of from those 150 students which was admitted by the Medical College as well as by the representatives of the Medical College during the course of hearing conducted in connection with the refund of the capitation on various occasions.

Therefore, you have to refund double of the said amount so received from each of the 150 students in addition to Rs.3 Lakhs.

It is made still clear as follows:-

From one student viz. Ms.Rehna Banu, the Medical College had collected Rs.35 Lakhs. As per the directions of the Hon'ble Supreme Court, the Medical College has to pay Rs.64 lakhs + 3 Lakh = 67 lakh (35 Lakh - 3 lakh = 36 WA. No.60/23 & con. cases 2025:KER:42058 32 lakh *2=64 lakh +3 Lakh = 67 Lakh) to the above candidate.

The Principal of the Kannur Medical College shall refund each students the amount as calculated above and report to this office on 03.09.2018 at 4.00 PM, without fail."

15. After noticing the report, the Supreme Court passed the following directions in the aforesaid order:

" The admissions of 150 students were found to have been made in illegal manner and matter had attained finality in this Court in the first round of litigation. Thereafter the State of Kerala had promulgated ordinance regularising the aforesaid admissions. The ordinance has been declared ultra vires by this Court vide judgment and order dated 12 th September 2018 in W.P. (C) No. 231 of 2018.

It is seriously disputed fact in the instance case that how much amount had been collected from each of the students and what has been refunded as per the Order passed by this Court is not the appropriate sum. In the facts and circumstances of the case, as certain material has been placed on record by the college in this Court only and that was not placed before the ASC and students have also come up with certain documents indicating how they had collected amount paid, they are also required to be considered by the ASC. This Court 37 WA. No.60/23 & con. cases 2025:KER:42058 cannot conduct factual enquiry. It was suggested by Mr.Jaydeep Gupta, learned senior counsel that the parties may be relegated to the ASC for adjudication of the aforesaid aspect. The ASC to consider the material which may be placed on record by the respective parties and take a decision in accordance with law on the basis of the evidence adduced in each of the case with respect to each of the students.

Sh. Mukul Rohatgi, learned senior counsel submitted that college may be permitted to give admissions in the current session i.e. in 2018-2019. After hearing learned counsel for the parties, we are of the opinion that as there serious dispute with respect to adequacy of the refund that has been made; and apart from that we are already in the month of October, 2018; admissions are over for the current academic session i.e. 2018-2019; nо admission can be ordered to be given at this juncture - in the Kanoor Medical College.

With respect to refund, let enquiry be made by the ASC and let appropriate order be passed in this regard. Accordingly, the application stands disposed of."

16. It is pertinent to mention here that finally the matter again came up before the Supreme Court and the Supreme Court in the order dated 18.04.2021 had given following directions:

WA. No.60/23 & con. cases 2025:KER:42058 "25. In light of the abovementioned facts and with due regard to orders passed by this Court on 29th August, 2018 and 4th October, 2018. We are inclined to issue the following directions:

(a) KMC shall deposit Rs.15,72,89,020/- with the ASC along with full details of the guardians/students to whom the amounts have to be paid, their addresses and bank accounts, within a period of one month from today. On deposit of the said amounts, the ASC would disburse and make payments to the guardians/students.

(b) ASC would issue fresh notices to the remaining students (possibly 92 in number) as was the position before impugned order dated 22nd November, 2019 was passed. It will examine the objections or claims made by the guardians/students as to the actual amount paid by them on the basis of material placed by the guardians/students and the college. It will thereupon pass appropriate orders. Any party, i.e. the guardian/student/college, aggrieved by the order to be passed by the ASC would be entitled to challenge the same before the High Court.

(c) KMC would make a deposit of Rs.25 crores with the ASC, which deposit would be converted into multiple fixed deposit receipts as the ASC may deem appropriate.

(d) ASC would disburse and make payments to the 39 WA. No.60/23 & con. cases 2025:KER:42058 guardians/students on the basis of the orders passed by it or on the basis of the orders passed by the High Court in case a writ petition is filed impugning the order passed by the ASC regarding quantification and refund.

(e) The orders passed by the ASC would indicate that the payments in terms of the said order would be made within 45 days of the passing of the order and that any party, be it the student/guardian or KMC, would have the right to challenge the order before the High Court.

The High Court upon examination of the case would be entitled to grant stay or direct refund/payment.

(f) KMC would be entitled to claim affiliation and admit students only after they have deposited Rs.15,72,89,020/- and Rs.25 crores, as indicated above. Of course, KMC, for affiliation would have to meet and satisfy all statutory conditions. It is made absolutely clear that if the aforesaid payments of Rs.15,72,89,020/- and Rs.25 crores are not made, the order passed by the ASC and KUHS denying/rejecting KMC's application for continuation of affiliation for academic year 2020-21 and future academic years would continue. As the amount of Rs.15,72,89,020/- has not been disputed by the College, in case it fails to deposit the same, the students/guardians will be well within their rights to approach the authorities for enforcement and payment. Further, in the event that KMC does not deposit Rs.15,72,89,020/- and Rs.25 crores, decision with regards to grant of affiliation shall 40 WA. No.60/23 & con. cases 2025:KER:42058 be made by the ASC and KUHS only upon determination, settlement and refund of all claims pertaining to the students admitted in the academic year 2016-17. Compliance report would be filed in terms of order dated 4th October, 2018.

(g) As indicated above, the ASC would be entitled to open a separate bank account and convert the amounts received in multiple fixed deposits of varying amounts for different periods. The bank account and the fixed deposits would be in the name of KMC, i.e. Kannur Medical College, but the account/deposits would be only operated and abide by the instructions of the Authorised Officer/Member of the ASC. For the purpose of account opening, KMC would provide their PAN number and other details. KMC would assist and cooperate with the ASC. Tax at source, if any, deducted on the interest would be reflected as deducted on interest earned by KMC. The interest accrued on the fixed deposits would also be income and would be reflected in the income-tax returns of KMC. However, the interest accrued on the deposits/bank account (minus the TDS) would be also available to the ASC to make payment to the students.

(h) ASC is requested to complete the aforesaid exercise as expeditiously as possible and preferably within a period of nine months from the date of this order. Upon completion of the entire exercise, including awaiting the decision of the High Court/this Court, the 41 WA. No.60/23 & con. cases 2025:KER:42058 ASC shall refund excess amount, if any, to KMC. In case of a shortfall, it would be the obligation of KMC to make the amount available for disbursal to the guardians/students. In case of failure to make payment, the ASC would be entitled to issue appropriate orders/directions, including direction to restrain KMC from admitting students in the then current or the next academic year. Such direction, however, would not affect the students who have already been admitted.

(i) In case of any difficulty in implementation or clarification of this order, it would be open to the parties to move an application for directions, clarification or modification before this Court."

17. From the perusal of the aforementioned facts, it is evident that the students were permitted to come up with the documents evidencing remnant of the amount with a direction to the ASC to consider the materials placed on record by the respective parties and take a decision on the basis of evidence adduced.

18. In brief, we have already referred to previous round of litigation in the order dated 08.04.2025 (supra). The Admission Supervisory Committee in all the cases referred to, 42 WA. No.60/23 & con. cases 2025:KER:42058 except Writ petition No.29282 of 2023, ordered the college to repay the double of the amount of the fees and also the fee that was collected in pursuance to the provisions in the prospectus and paid by the students which was Rs.10 lakhs as tuition fee and Rs.1.65 lakhs as hostel fee. Thus ordered that the total amount to be repaid by the college as per the order of the Supreme Court was 11.65 lakhs+28,70,000 (14,35,000x2) (double the amount).

19. As per the order dated 14.07.2022 in respect of various students while dealing with cases individually had ordered that the fee collected in pursuance to the provisions of prospectus, as we have already written, paid by the students was Rs.10 lakhs tuition fee and Rs.1.65 lakhs as hostel fee. Therefore, the amount totally repaid by the college as per the order of the Supreme Court was Rs.11.65 lakhs and the capitation amount of different denominations alleged to have been received by the college and by multiplying the same, directed in all different orders, the college to pay an amount of different denomination between Rs.40 to Rs.70 lakhs after deducting the amount paid in pursuance to the 43 WA. No.60/23 & con. cases 2025:KER:42058 settlement, that is, in few cases the payment had been paid as 34,25,000/-, 17,05,000/- etc. In some of the cases, it was also ordered that the Chairman of the ASC as per the direction of the Supreme Court, was empowered to operate the account of the college in SBI, Vazhuthacaud Branch for onward disbursement to the students. It is the said order which was challenged all the writ petitions, except in W.P(C).29282 of 2023.

20. The pith and substance of the arguments in all the writ petitions was that the students had not been able to place on record any material or evidence in support of the affidavit with regard to the payment of capitation fee in cash to the college. Moreover, there is no reference regarding those documents in the orders of the ASC except the statements of the complainants, that is the parents of the students.

21. A bunch containing 12 cases were tried together, but taking the lead case as W.P.(C) No.18471 of 2022. The stand of the college was that there had been an out of court settlement and despite that, the writ petitions were dismissed 44 WA. No.60/23 & con. cases 2025:KER:42058 vide detailed order by the learned Single Judge on 13.07.2022 and in many of the writ petitions college has not even challenge the aforementioned order owing to the out of court settlement, except Writ Appeal No.1175 of 2022. All other writ petitions have been dismissed by the Single Bench vide different orders on different dates in the manner already indicated in our earlier order dated 04.04.2025, therefore these writ appeals have been filed. The other writ petitions as mentioned above were also filed challenging the orders of the ASC on the similar ground of having no evidence.

22. It is pertinent to mention here, counsel representing the medical college had made a statement at the Bar that 90% of the students, as per the order of the Supreme Court had already been paid, only 10% students are left. For that, the matter was taken up by the ASC but the evidence brought on record, as noticed in each of the orders of the ASC, indicates the amount withdrawn in cash and there is no proof or evidence. The ASC failed to notice that the payment by cash without any receipt cannot be termed to be a tangible transaction giving cause to the ASC for ordering the refund as 45 WA. No.60/23 & con. cases 2025:KER:42058 per the order of the Supreme Court, i.e., double the amount.

23. The learned Single Judge failed to address the issue individually but relied upon the decision taken in W.P(C) No.18471 of 2022 and dismissed the matters in similar manner. It was contended that the directions contained in the judgment of Supreme Court dated 18.04.2021 have also been complied with except regarding few of the students who have not been satisfied of the out of court settlement but pressing the issue of refund of the amount allegedly under the head of capitation fee without leading any direct and cogent evidence.

24. On the other hand, learned counsel appearing on behalf of the ASC submitted that the order of the ASC is perfectly legal and justified, does not require any different interpretation exercising the power of the judicial review under Article 226 of the Constitution of India and Section 5 of the High Court Rules and Regulations and in support, relied upon the findings recorded in the orders under challenge.

25. The college had not been fair and honest in placing on record the documents as few of the documents reveal the falsity of their contentions. The amount received by the 46 WA. No.60/23 & con. cases 2025:KER:42058 college was also not remitted in the bank of the college. The alleged undertaking executed by a few of the students in the month of January, 2018 of having not paid the capitation fee was executed in the light of the provisions of the Ordinance 34 of 2017 of the Government of Kerala for regularizing the admission of the students of 2016-17 in the Medical College. It was only inevitable on the part of the students to execute such a declaration. There had already been a litigation at the instance of the college up to the level of the Supreme Court but the college is shying away in complying with the directions of the Supreme Court and therefore, prayed for dismissal of all the writ petitions and writ appeals with exemplary costs.

26. Learned counsel in respect of W.P(C) No.29282 of 2023 wherein a different order of the ASC dated 14.07.2023 was assailed in respect of various students submitted that the findings of the ASC is erroneous and arbitrary without taking note of the approval already given by the ASC in the prospectus, thus there is fundamental error in the order under challenge. Predicament of the college and the finding 47 WA. No.60/23 & con. cases 2025:KER:42058 of the university of lacking sufficient clinical material to complete 2017 batch examination, is consequent to taking over the college by the District Disaster Management as per the order dated 24.03.2020. The college had imparted all the full course in 2017 MBBS batch as per the university syllabus and guidelines and 47 students have passed out successfully in their first attempt of the university examination conducted in August 2018 whereas few students are lagging.

27. It has to be decided as to whether the transferee colleges would incur any additional expenses in imparting the training to the students since the transferee college have been accommodating the students of the Government Medical College along with the existing batch. Therefore there would not be any additional expense for the faculties or infrastructural facilities.

28. ASC had not taken into consideration the extra ordinary situation of COVID-19 pandemic and taking over of the college by the Government. The order of the ASC tantamounts to bailing out the students who did not pass the examination until they pass and without noticing the fact that 48 WA. No.60/23 & con. cases 2025:KER:42058 the effect of the order of the court was to give clinical training only for a period of six months. In case, such order is accepted the order of the ASC would reflect that the student had to undergo 3.5 years or 2.5 years of the training without any order or direction of the court.

29. However, learned counsel for the respondent submitted that the order of 14.07.2023 deals with 141 students transferred from Kannur Medical College to other self financing medical colleges and the direction of the High Court of Kerala in the earlier round of litigation was to the ASC to decide the fees of the students. There was a dispute between the transferor college that is the Kannur Medical College and the transferee college with regard to the expenses/fees to be borne by either of the college. In fact, the amount collected by the transferor college or the balance amount due from the students belonging to 2017 batch worked out on the basis of the orders of the Fees Regulatory Commission and there was consensus among the transferor college and the students involved in this litigation. Noticing all these facts, appropriate presumption has been carved out by the ASC in paragraph 49 WA. No.60/23 & con. cases 2025:KER:42058 No.21 of the order dated 14.07.2023.

30. We have heard the learned counsel for the parties and appraised the paper books.

31. The checkered history of the case is not in dispute. The only dispute is that as per the order dated 18.04.2021, the Hon'ble Supreme Court had directed the ASC to issue fresh notice to the students and examine the objection and claim made by the guardian/students as to the actual amount paid by them on the basis of the material placed by them and the college and thereafter pass an appropriate order. Any party aggrieved of such order will be entitled to challenge the same before the High Court and the High Court have the power to grant the stay or direct refund of the payment. The question which is posed before us is "whether the different orders of the ASC pertaining to different students ordering the refund of double the amount particularly with regard to the capitation fees is justified or not".

32. The law with regard to exercise of power of the judicial review under Article 226 is either with circumspection or that when the order is arbitrary much less unreasonable 50 WA. No.60/23 & con. cases 2025:KER:42058 with no evidence, can always be scrutinized and examined under the realm of the judicial review. On examination of all the orders, it is evident that the complainants have suffered their statement and in few of the cases stated that they had transferred an amount of Rs.10 lakhs or more on taking loan from brother, another brother, relative and had submitted affidavits and pass books. There is categoric statement in the affidavit qua payment of Rs.41.6 lakhs to medical college but no receipts were issued. Thus for all intents and purposes, it was under the ploy of capitation fee. Such act of the college has already been deprecated in the order of the supreme court. However college has not been able to bring on record any material to belie the statement. In such circumstances, the ASC has examined each and every case on the preponderance of the evidence and noticed that the onus laid upon the complainants has been duly discharged but not specifically.

33. Reliance to the undertaking given by the students has also been rejected in the light of the ordinance, that the ordinance came into force on 2017, thus there cannot be any 51 WA. No.60/23 & con. cases 2025:KER:42058 grievance qua undertaking. It would be relevant to extract certain findings of the committee while dealing with the respective contentions qua collection and adjustment of fee collected by transferor college belonging to seven batches, 2010, 2011, 2012, 2013, 2014, 2015 & 2017. Majority of the students were final year students.

15. Transferee Colleges contended that Fees' for the purpose of this case includes the tuition fee and the special fee but no other. It was, however, argued by the counsel for the Transferor College that fees for the purpose of this case do not include special fees. After hearing the parties to this enquiry, the Committee finds that there is no merit in the contention of the Transferor College that the said college need not transfer the special fee component to the Transferee Colleges. Special fee is collected by the self- financing colleges from each student on the ground or assumption that the college has to render several items of services to the students throughout the year. That being the fact situation, the amount of fees to be transfer- credited to the account of the transferee colleges must include not only the appropriate amount of tuition fee but also the special fee. It is found accordingly.

16. Records are not available with the Committee to ascertain or find out the fee structure that was in force in the Transferor College upto the academic year 2016-17. In fact, there was no occasion for the Fee Regulatory Committee to fix or regulate the fees to be charged on the students of the Transferor College and one of the Transferee Colleges, viz, the Karuna Medical College, till the end of the year 2015-16. 52 WA. No.60/23 & con. cases 2025:KER:42058

17. Amount of fees collected by the Transferor College or balance amount due from the students of that college who belong to the 2017 batch has been worked out on the basis of the orders issued by FRC for that period. But the basis for finding out the rates of tuition fee and the special fee (including the fee for N.R.I) of the students of earlier batches is the data and information supplied by the counsel for the Transferor College and the counsel for the students. Though there is consensus among the Transferor College and the students involved in this litigation as regards the correctness of the above-mentioned data/information, the probative value of the material particulars relied on by them is seriously questioned by the Transferee Colleges like the Sree Gokulam Medical College, Mount Zion Medical College and Dr. Moopens Medical College. But the unfortunate fact is that they have not produced any counter data or information nor any item of contra evidence to support their objections. Committee, therefore, finds that it would be proper, in the circumstances, to act upon the information supplied by the Transferor College and the students.

18. In this context, it is necessary to point out two significant aspects of this case that call for special attention. They are stated hereunder: -

(1) According to the counsel for the Transferor College, supported by the counsel for the students, the amount of fee collected from some of the N.R.I students falling in that category is comparatively less than the amount of fees charged on or collected from the general category students. According to the Transferor College, there were dearth of candidates seeking admissions in the N.R.I quota which fact led to the frantic filling up of some of the vacant seats, before the closure of admissions, with qualified candidates unwilling to pay the higher fees. Though the above version of the Transferor College apparently appears incongruous and illogical, in view of the assertion made by the counsel appearing on both sides, which version stands unrebutted in the absence of contra materials, the Committee is constrained to act upon the fee particulars furnished by the parties based on direct knowledge of the facts.

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(ii) Similar anomaly including lack of uniformity was noticed in the pleadings of the Transferor College while furnishing the actual amount of fees collected from some of the students belonging to the general category. Since the data or information pertaining to those figures was endorsed by the students stating that the amount shown in the pleadings of the Transferor College represent the true state of affairs, the Committee, in the absence of other cogent materials, is left with no other option but to accept that statement as true.

19. After evaluating the entire facts available on record, the total number of 141 students who were transferred from the Transferor College to the Transferee Colleges were categorised into three compartments. Category 1 consists of 121 students who have paid to the account of the Transferor College the tuition fee and the special fee for the entire course. Transferor College admits that fees thus paid have been received well in advance. Relevant particulars are shown in the list marked as Annexure I and the same is attached to this order. Transferor College is liable to transfer the amount thus shown in Annexure I to the account of the Transferee Colleges with the least possible delay. Committee hereby order that the liability shall be discharged by the Transferor College within one month from today. Name of the students, batches to which the students belong, academic year of each student at the time of transfer, name of the Transferee College, fee fixed by the Committee/ charged by the college, period of study remaining to be completed and the amount to be paid/ transfer credited to the account of the Transferee College by the Transferor College are shown in Annexure I. Category 2 consists of 15 students, who according to the Transferor College, have not paid the full amount of fees. Amounts thus due from each student falling within the above category have been furnished by the Transferor College. Students concerned, who have appeared through counsel and in person, admit the claim made by the Transferor College with modifications and corrections (mostly to 54 WA. No.60/23 & con. cases 2025:KER:42058 eliminate arithmetical errors) made during the course of hearing as sought for by the parties. Relevant particulars pertaining to the above category of students are included in a list marked as Annexure II and the same is attached to this order. Major share of the fees amount admitted as true by the parties concerned shall have to be transferred to the account or remitted in the respective Transferee Colleges. The Transferor College is liable to transfer the amount thus shown in Annexure II to the account of the Transferee Colleges with the least possible delay. It appears that five among the 15 students, included in Annexure II, are liable to remit/ pay to the Transferor College the amounts shown in column number (12) of Annexure II against their names. Column number (11) of Annexure II shows the liability of the students to the Transferee Colleges towards full payment of fees for training/instructions imparted by that college. Students mentioned above shall clear the arrears without delay. Category 3 consists of students who did not join the Transferee Colleges despite the order enabling them to pursue studies there. Hence the Transferee Colleges concerned cannot have any claim for fees against those students. Names of the above category of students are shown in the list marked as Annexure III and the same is attached to this order.

20. Though all relevant particu necessary for carrying out the directions issued by the Hon'ble High Court can be gathered easily from Annexures I & II, the Committee thought it appropriate to prepare 13 more lists marked as Annexures 1V to XVI in respect of each Transferee College besides preparing one more list which is marked as Annexure XVII and attached to this order. Annexure XVII furnish relevant particulars of the students from whom balance amount of fees is due to the Transferee Colleges.

21. Having collected all relevant particulars necessary to resolve the factual as well as the legal disputes pertaining to the amount of fees and appropriate findings have been 55 WA. No.60/23 & con. cases 2025:KER:42058 reached, the attention of the Committee is driven to one more pertinent aspect which is referable to the cases of students who are eligible to avail scholarship as per the orders of the State Government. Transferor College has shown the amount due from the Government towards scholarship as the liability of the students. Now that a section of those students has been transferred to the other colleges, the same is shown as amount to be paid by those students to the respective transferee colleges. In respect of students who are entitled to avail scholarship it can be validly said that it forms a portion of the liability to be discharged by the State Government and, as such, those students shall not be shown as defaulters. But from the point of view of the Transferee Colleges the actual fact is that all students who receive instructions or get training, without paying the requisite amount of fees, are defaulters. It is, therefore, necessary that the State Government takes necessary steps immediately to grant scholarships to the eligible students and remit the amount in the college account so that the grievance of the students and the Transferee Colleges is redressed. It is open to the parties concerned to seek appropriate reliefs in this regard from the Hon'ble High Court, if so advised.

22. Directions issued by the Hon'ble High Court have been complied with, with due regard to the rights of the parties for reasonable opportunity to advance their contentions. It is a fact that this order could not be passed within the time limit allowed by the Hon'ble High Court, despite earnest efforts taken to complete the enquiry within the time frame. The Hon'ble High Court may be pleased to condone the delay in passing this order. Committee prays for the indulgence of the Hon'ble Court in that regard.

34. Learned Single Bench in all these cases, except W.P(C).No.19705 of 2022 impugned in W.A.1175/2022 and W.P(C).No.4880 of 2022 impugned in W.A.587/2023, wherein 56 WA. No.60/23 & con. cases 2025:KER:42058 detailed orders have been passed, passed short orders to dismiss the writ petitions, relying upon the main case W.P(C)No.18741 of 2022. But the pith and substance of all orders are in terms of the judgment rendered in the main case, i.e., W.P(C).No.18741 of 2022.

35. All these factors, if looked in cumulative, in our considered view, give rise to the irresistible conclusion that the controversy does not require to be revisited at the level of the ASC.

36. As far as the distribution of the expenses in respect of the students of 2017 batch who had been transferred viz.a.viz the transferee college, the order of 14.07.2023 also is clear with regard to the amount actually paid by the students at the time the college was running and had taken into account all factors. Few of the contentions by placing on record pass books issued by respective banks revealed withdrawal of certain lakhs of rupees in January, 2016 and the college authorities failed to controvert despite extensive questioning. Statements of account issued by some banks disclosed withdrawal of substantial amount.

WA. No.60/23 & con. cases 2025:KER:42058

37. Even otherwise challans placed on record before the committee did not prove that amount/remittance of Rs.11.65 lakhs was actually deposited in the bank by the college as it did not bear seal of the bank.

38. Perusal of chalan revealed that it was prepared by the college for depositing in the bank but did not issue receipt to the students and rightly so, rejected by the committee.

Accordingly, all the writ appeals and writ petitions are dismissed. Impugned orders of Single Bench as well as the orders of the ASC impugned in the writ petitions are upheld.

Sd/-

AMIT RAWAL, JUDGE Sd/-

K.V.JAYAKUMAR, JUDGE SMF 58 WA. No.60/23 & con. cases 2025:KER:42058 APPENDIX OF WA 60/2023 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE JUDGMENT IN WP 18471/2022 DATED 13.7.2022 59 WA. No.60/23 & con. cases 2025:KER:42058 APPENDIX OF WP(C) 4514/2022 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C) NO. 23225/2018 DATED 29.08.18 Exhibit P-2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO. 2354/18 IN SLP (C) NO.

23225/2018 DATED 4.10.2018 Exhibit P-3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO. 596/2021 AND CONNECTED CASES DATED 18.2.2021 Exhibit P-4 TRUE COPY OF THE COMPLAINT DATED 11.9.2017 FILED BY THE 1ST PETITIONER Exhibit P-5 TRUE COPY OF THE LETTER DATED 11.9.2017 OF THE OF THE PETITIONER Exhibit P-6 TRUE COPY OF THE AFFIDAVIT DATED 4.10.2017 OF THE 1ST RESPONDENT Exhibit P-7 TRUE COPY OF THE PETITION DATED 4.10.2017 FILED BEFORE THE 2ND RESPONDENT Exhibit P-8 TRUE COPY OF THE MINUTES OF 2ND RESPONDENT COMMITTEE DATED 12.6.2018 Exhibit P-9 TRUE COPY OF THE OBJECTION STATEMENT FILED BY THE PETITIONER DTD 28.11.18 BEFORE THE 2ND RESPONDENT Exhibit.P-10 TRUE COPY OF THE MINUTES DTD. 7.1.19 OF THE 2ND RESPONDENT Exhibit P-11 TRUE COPY OF ORDER NO.ASC(P) 222, 184, 227, 186, 217, 218,251, 183, 231, 221/17/HO/TVPM/MBBS/KMC DATED 22.1.2019 Exhibit P-12 TRUE COPY OF THE NOTICE NO. ASC (P)186/17/HO/TVPM/MBBS/KMC DATED 16.10.2021 Exhibit P-13 TRUE COPY OF THE PROOF AFFIDAVIT WITH DEPOSITION Exhibit P-14 TRUE COPY OF THE ORDER NO. ASC (P) 186/17/HO/TVPM/MBBS/KMC DATED 12.11.2021 Exhibit P-15 TRUE COPY OF THE INTERIM ORDER IN 60 WA. No.60/23 & con. cases 2025:KER:42058 WP(C) NO. 14970/2021 DATED 4.8.2021 OF THIS HON'BLE COURT 61 WA. No.60/23 & con. cases 2025:KER:42058 APPENDIX OF WP(C) 4518/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C) NO. 23225/2018 DATED 29.08.18 Exhibit P2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN MA NO. 2354/18 IN SLP (C) NO.

23225/2018 DATED 4.10.2018 Exhibit P-3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO. 596/2021 AND CONNECTED CASES DATED 18.2.2021 Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 2.10.2017 FILED BY THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE NOTICE DATED 23.10.2017 OF THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 4.10.2017 OF THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE PETITION DATED 4.10.2017 FILED BEFORE THE 2ND RESPONDENT Exhibit P-8 TRUE COPY OF THE ORDER OF 2ND RESPONDENT COMMITTEE DATED 21.12.2017 Exhibit P9 TRUE COPY OF THE OBJECTION STATEMENT FILED BY THE PETITIONER DATED 28.11.18 BEFORE THE 2ND RESPONDENT Exhibit.P10 TRUE COPY OF THE MINUTES DATED. 7.1.19 OF THE 2ND RESPONDENT Exhibit P11 TRUE COPY OF ORDER NO.ASC(P) 222, 184, 227, 186, 217, 218,251, 183, 231, 221/17/HO/TVPM/MBBS/KMC DATED 22.1.2019 Exhibit P12 TRUE COPY OF THE NOTICE NO. ASC (P)186/17/HO/TVPM/MBBS/KMC DATED 16.10.2021 Exhibit P13 TRUE COPY OF THE PROOF AFFIDAVIT, WITH DEPOSITION Exhibit P14 TRUE COPY OF THE ORDER NO. ASC (P) 251/17/HO/TVPM/MBBS/KMC DATED 12.11.2021 Exhibit15 TRUE COPY OF THE INTERIM ORDER IN 62 WA. No.60/23 & con. cases 2025:KER:42058 WP(C) NO. 14970/2021 DATED 4.8.2021 OF THIS HON'BLE COURT RESPONDENT EXHIBITS Exhibit R1(A) TRUE COPY OF COMMUNICATION DATED 6.10.2017 OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

Exhibit R1(B) TRUE COPY OF COMPLAINT DATED 26.12.2020 FILED BY 1ST RESPONDENT BEFORE THE 2ND RESPONDENT.

WA. No.60/23 & con. cases 2025:KER:42058 APPENDIX OF WP(C) 5158/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN SLP (C) NO.

23225/2018 DATED 29.08.18 Exhibit P2 TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN MA NO. 2354/18 IN SLP ( C ) NO. 23225/2018 DATED 4.10.2018 Exhibit P3 TRUE COPY OF THE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO. 596/2021 AND CONNECTED CASES DATED 18.2.2021 Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 2.9.2017 Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 27.9.2017 BEFORE THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE COUNTER FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE AFFIDAVIT OF THE 1ST RESPONDENT DATED 21.12.2017 Exhibit P8 TRUE COPY OF THE ORDER DATED 21.12.2017 ISSUED BY THE 2ND RESPONDENT Exhibit P9 TRUE COPY OF THE NOTICE DATED 28.11.2018 ISSUED BY THE 2NDRESPONDENT Exhibit.P10 TRUE COPY OF THE MINUTES DATED 7.1.2019 ISSUED BY THE 2ND RESPONDENT Exhibit P11 TRUE COPY OF THE ORDER DATED 22.1.2019 ISSUED BY THE 2ND RESPONDENT Exhibit P12 TRUE COPY OF THE NOTICE DATED 20.10.2021 ISSUED BY THE 2ND RESPONDENT Exhibit13 TRUE COPY OF THE PROOF AFFIDAVITS AND DEPOSITIONS Exhibit P14 TRUE COPY OF THE ORDER DATED 20.12.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P15 TRUE COPY OF THE INTERIM ORDER IN WPC NO. 14970/2021 DATED 4.8.2021 OF THIS HON'BLE COURT 65 WA. No.60/23 & con. cases 2025:KER:42058 APPENDIX OF WA 1175/2022 PETITIONER ANNEXURES ANNEXURE1 COPY OF WRIT PETITION WITH EXHIBITS ANNEXURE 2 COPY OF PETITION TO RECEIVE ADDITIONAL DOCUMENTS RESPONDENT ANNEXURES ANNEXURE A1 TRUE COPY OF THE JUDGMENT DATED 22.07.2020 OF THIS HONOURABLE COURT IN W.P.(C)NO.2188/2020 ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED 24.06.2020 OF THIS HONOURABLE COURT IN W.P.(C)NO.27967/2019 ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED 29.06.2020 OF THIS HONOURABLE COURT IN W.P(C)NO.28180//2019 ANNEXURE A4 TRUE COPY OF THE JUDGMENT DATED 15.07.2020 OF THIS HONOURABLE COURT IN W.P.(C)NO.2443/2020 ANNEXURE A5 TRUE COPY OF THE JUDGMENT DATED 24.06.2020 OF THIS HONOURABLE COURT IN W.P.(C)NO.29273/2019 ANNEXURE A6 TRUE COPY OF THE JUDGMENT DATED 01.07.2020 OF THIS HONOURABLE COURTIN W.P.(C)NO.29861/2019 PETITIONER ANNEXURES ANNEXURE 3 TRUE COPY OF THE JUDGMENT DATED 16.7.2020 IN WPC 1274/2020 ANNEXURE 4 TRUE COPY OF THE JUDGMENT DATED 1.7.2020 IN WPC 2193/2020 66 WA. No.60/23 & con. cases 2025:KER:42058 APPENDIX OF WP(C) 29282/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE INTERIM ORDER IN WPC 18595/2022 DATED 24.6.2022 Exhibit P2 A TRUE COPY OF THE INTERIM ORDER IN WPC 18595/2022 DATED 29.6.2022 Exhibit P3 A TRUE COPY OF THE INTERIM ORDER IN WPC 18595/2022 DATED 18.7.2022 Exhibit P4 A TRUE COPY OF THE INTERIM ORDER IN WPC 18595/2022 DATED 3.8.2022 Exhibit P5 TRUE COPY OF THE ORDER IN WPC 18595/2022 DATED 19.8. 22 Exhibit P6 TRUE COPY OF THE INTERIM ORDER IN WPC 18595/2022 DATED 25.8.2022 Exhibit P7 TRUE COPY OF THE ORDER IN WPC 18595/2022 DATED 2.9.2022 Exhibit P8 TRUE COPY OF THE ORDER IN WPC 18595/2022 DATED 16.9.2022 Exhibit P9 TRUE COPY OF THE ORDER IN WPC 18595/2022 DATED 23.9.2022 Exhibit P10 TRUE COPY OF THE INTERIM ORDER IN WPC 18595/2022 DATED 6.10.2022 Exhibit P11 TRUE COPY OF THE ORDER IN WPC 18595/2022 DATED 28.10.2022 Exhibit P12 TRUE COPY OF THE ORDER IN WPC 18595/2022 DATED 13.01.2023 Exhibit P13 TRUE COPY OF THE JUDGMENT IN WPC 18595/2022 DATED 24.1.2023 Exhibit P14 A TRUE COPY OF THE ORDER OF ASC DATED 14.07.2023 Exhibit P15 TRUE COPY OF THE ORDER IN ASC (P) NO.

7/23/HO/TVTM/MBBS/KMC DATED 16.7.2023 Exhibit P16 A TRUE COPY OF THE INTERIM ORDER IN WRIT APPEAL NO. WA 578/2023 DATED 12.07.2023 Exhibit P17 A TRUE COPY OF THE PROSPECTUS FOR THE YEAR 2016-17 67 WA. No.60/23 & con. cases 2025:KER:42058 APPENDIX OF WA 1734/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE JUDGMENT IN WP 18741/2O22 DATED 13.7.2022 68 WA. No.60/23 & con. cases 2025:KER:42058 APPENDIX OF WA 1925/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE JUDGMENT IN WP 18471/2022 DATED 13.7.2022 Annexure2 TRUE COPY OF THE JUDGMENT IN WP 1653/2022 AND CONNECTED CASE DATED 3.11.2022 69 WA. No.60/23 & con. cases 2025:KER:42058 APPENDIX OF WA 1989/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE JUDGMENT IN WP 2592/2022 DATED 14.11.2022 Annexure2 TRUE COPY OF THE JUDGMENT IN WP 18471/2022 DATED 13.7.2022 Annexure3 TRUE COPY OF THE JUDGMENT IN WP 1653/2022 AND CONNECTED CASE DATED 3.11.2022 70 WA. No.60/23 & con. cases 2025:KER:42058 APPENDIX OF WA 69/2023 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE JUDGMENT IN WPC 18471/2022 DATED 13.7.2022 OF THIS HON'BLE COURT

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