Petitioner MBBS students challenged fee collection of Rs.4.35 lakh compared to notified Rs.2.4 lakh. Court found uncertainty regarding Fee Regulatory Committee decisions and ordered the matter to be decided by the Committee after hearing with a one-month deadline.
Remitted to the Fee Regulatory Committee for consideration and decision after hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937
WP(C).No. 3479 of 2009 (L)
PETITIONER(S):
1. RENJUL P.R.
2. ARCHANA R.NAIR, D/O.RAJGOPAL K.P., FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
3. ANAND KRISHNA M., FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
4. ANOOP P.N., FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
5. ANEES U., FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
6. THASLEENA K.T., FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
7. KARTHIKA RAMANATHAN, FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
8. BABU.A., FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
9. SHRIYA.S.,
10. ARYA P.M., FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
11. SAUMYA S., FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
12. SANGEETHA V.S., FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
13. DIVYA R.NAIR, FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
14. HUSSA MOOSA, FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
15. ASWATHY VENUGOPAL, FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
16. GAYATRI G.J., FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
17. GEETHU.S., FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
18. DARSAN S.KUMAR, FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
19. JERRY THOMAN, FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
20. ARCHANA LAL, FIRST YEAR M.B.B.S. STUDENT, CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERY, KOCHI.
BY ADV. SRI.S.KRISHNAMOORTHY
RESPONDENTS:
1. STATE OF KERALA CHIEF SECRETARY, HIGHER EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE COMMISSIONER OF ENTRANCE EXAMINATION, HOUSING BOARD BUILDINGS, SHANTI NAGAR THIRUVANANTHAPURAM - 695 001.
3. THE FREE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES, RAM MOHAN PALACE, ERNAKULAM REPRESENTED BY ITS MEMBER SECRETARY.
4. THE CO-OPERATIVE MEDICAL COLLEGE, REP. BY ITS PRINCIPAL, H.M.T.COLONY P.O., KALAMASSERY KOCHI - 683 503.
R4 BY ADV. SRI.V.KRISHNA MENON, SC, CO.OP.ACADEMY OF PRO. EDU. R1 & R2 BY SR. GOVERNMENT PLEADER SRI. SOJAN JAMES. R3 BY MARY BENJAMINE, SC, FEE REGUL. COMMITTEE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-042015, ALONG WITH WPC. 27282/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AMG
W.P (c) No.3479/2009
APPENDIX
PETITIONERS' EXHIBITS
EXT- P1TRUE COPY OF THE QUESTION ASNWERS DATED 25-11-2008 BEFORE THE 12TH KERALA LEGISLATIVE ASSEMBLY.
| EXT- P2- | TRUE COPY OF THE NOTIFICATION ISSUED BY THE |
|---|---|
| 2ND RESPONDENT DATED 14-08-2008. |
| EXT- P3- | TRUE COPY OF THE ALLOTMENT MEMO DATED 31-08-2008 ISSUED TO THE 17TH PETITIONER. |
|---|---|
| EXT- P4- | TRUE COPY OF THE RELEVENT PORTION OF THE PROSPECTUS ISSUED BY THE KERALA CHRISTIAN PROFESSIONAL COLLEGE MANAGEMENT FEDERATION. |
| EXT- P5- | TRUE COPY OF THE ORDER No.G.O. (RT) No.2858/08/H&FWD DATED 25-08-2008. |
| EXT- P6- | TRUE COPY OF THE PUBLICATION DATED 24-08-2008. |
RESPONDENTS' EXHIBITS
EXT- R4 (a) - TRUE COPY OF THE ORDER No.G.O. (MS) No.488/2013/H&FWD DATED 17-12-2013.
True copy
P.A. To Judge
AMG
C.K. ABDUL REHIM, J.
W.P.(c) No. 3479 OF 2009-L & W.P.(c) No. 27282 OF 2010-I
DATED THIS THE 7th DAY OF APRIL, 2015.
J U D G M E N T
The petitioners in both these writ petitions are students admitted to M.B.B.S course at the Co-operative Medical College, Kalamassery, Kochi, during the year 20082009, under the management quota (management seats). Dispute is regarding the rate of fee for the course, which can be collected from the petitioners. The petitioners have since now completed the course and the Co-operative Medical College has already taken over by the Government. Contention of the petitioners is that, when the Commissioner of Entrance Examinations had published Notification with respect to the Centralised Allotment Process (CAP) to professional degree course for the year 2008, the fees indicated therein for the management seats at the Co-operative Medical College, Kochi was Rs.2,40,000/- per year. But subsequently when the
W.P.(c) Nos. 3479/09 & 27282/10 -2-
“Allotment Memo” was issued by the Commissioner, fee with respect to students admitted under the management seats was indicated as Rs.4,35,000/- per year. Evidently, the revision of fee was effected on the basis that, Government of Kerala had entered into an agreement with the managements of self-financing institutions, fixing the rate of fee applicable with respect to Government merit seats and management seats. However, in Ext.P3 it was indicated that if the fee structure introduced is not approved by the High Court or any other competent authority, the candidates will be liable to pay the fee as fixed by the 'Fee Regulatory Committee'. But thereafter the Government have issued Ext.P5 order clarifying terms of the agreement as recognised by the 'Fee Regulatory Committee'. The annual fee applicable to students admitted for M.B.B.S in the year 2008-09 in the Co-operative Medical College, Kochi in the 35% management seats was be fixed as 4,35,000/-. The petitioners are challenging the above said decision, contending that the alleged agreement entered between the
W.P.(c) Nos. 3479/09 & 27282/10
-3-
Government and the Co-operative Medical College is in violation of judgment of the hon'ble Supreme Court and is against statutory provisions contained in Act 19 of 2006. Inter alia, the petitioners seek direction to adhere to the fee structure of Rs.2,40,000/- for the course in question, with respect to students admitted during the year 2008-2009. The writ petitions were filed in the year 2009 and 2010. The petitioners have also sought for a direction to refund the excess fee collected during the previous years.
the authority which can fix the fee structure is the 'Fee Regulatory Committee' for professional colleges. It is true that the hon'ble Supreme Court in various decision have reiterated that the power is vested with the 'Fee Regulatory Committee' to regulate the fee structure. In the case at hand, the Government have fixed the fee applicable with respect to management seats in the Co-operative Medical College, for the year 2008-2009 as Rs.4,35,000/-, as
W.P.(c) Nos. 3479/09 & 27282/10 -4-
evidenced from Ext.P5. In Ext.P5 it is stated that the 'Fee Regulatory Committee' have considered the terms of the agreement arrived between the Government and the managements of the self financing institutions. But learned counsel for the petitioners specifically contended that the fee structure which is applicable to the Co-operative Medical college was not fixed by the 'Fee Regulatory Committee' as mentioned in Ext.P5. More over it is contended that the Co-operative Medical College, Kochi and the Co-operative Medical College, Pariyaram which were not under the Government during the relevant period are not included in the agreement, as they are not private selffinancing colleges, as directed by the hon'ble Supreme Court. However, it is not discernable as to whether there was any specific orders issued by the 'Fee Regulatory Committee' fixing the fee applicable with respect to management seats in the Co-operative Medical College, Kochi, for the relevant year.
W.P.(c) Nos. 3479/09 & 27282/10
-5-
Commissioner for Entrance Examinations it is revealed that, this court by virtue of order dated 23-07-2008 had issued directions to put on hold the fee structure fixed based on the above said agreement, and to collect the fee fixed by the Fee Regulatory Committee for M.B.B.S in self-financing medical colleges, till the hon'ble Supreme Court pronounces its decision on the issue. It is mentioned in Ext.P2 that the fee of Rs.2,40,000/- was fixed on a temporary basis. Therefore it is evident that the question with respect to fee structure applicable for students admitted in management seats at the Co-operative Medical College, Kochi, would definitely depend upon the decision rendered by the hon'ble Supreme Court, based on the decision of the 'Fee Regulatory Committee'. There exists a dispute between the parties with respect to the question as to whether the 'Fee Regulatory Committee' had taken any decision during the relevant time. Standing counsel appearing for the Fee Regulatory Committee had submitted that, records
W.P.(c) Nos. 3479/09 & 27282/10
-6-
pertaining to any such decision is not readily traceable. The Government Pleader is not in a position to produce any such decision rendered by the 'Fee Regulatory Committee', eventhough it is mentioned in Ext.P5 Government order that the Fee Regulatory Committee had approved the agreement.
W.P.(c) Nos. 3479/09 & 27282/10
-7-
management quota, agreeing to re-fix the fee at the rate of Rs.2,85,000/-
W.P.(c) Nos. 3479/09 & 27282/10
-8-
issue at the earliest, at any rate within a period of one month from the date of receipt of a copy of this judgment.
liberty to submit proper representation before the
Committee highlighting their grievances.
Sd/- C.K. ABDUL REHIM JUDGE
AMG
True copy
P.A. to Judge
3 issues framed by the court
Whether fee structure fixed by the agreement between Government and self-financing institutions is valid when the 2006 Act vests regulatory power with the Fee Regulatory Committee.
Whether the petitioners, being former MBBS students, are entitled to direction for refund of excess fee or adherence to previously notified rates.
Whether the High Court should decide the fee dispute or remit it to the competent authority.
RENJUL P.R.
ARCHANA R.NAIR
ANAND KRISHNA M.
STATE OF KERALA
THE COMMISSIONER OF ENTRANCE EXAMINATION
THE FREE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES
C.K.ABDUL REHIM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
