Petitioner M.Pharm students of a self-financing college challenged non-payment of stipend under a prospectus, claiming entitlement under a government order. The court dismissed the writ petition, holding the order applied only to government college students and the petition was devoid of merit.
The writ petition was dismissed with no costs.
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 K.VINOD CHANDRAN
MONDAY, THE 27TH DAY OF JULY 2015/5TH SRAVANA, 1937
WP(C).No. 6222 of 2009 (W)
PETITIONER(S):
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1. PRAVEEN R., S/O. K.K. RADHAKRISHNAN NAIR, AGED 24 YEARS, 1ST YEAR, M.PHARM STUDENT, AL SHIFA COLLEGE OF PHARMACY, PERINTHALMANNA.
2. MURALEEKRISHNAN E., 1ST YEAR M.PHARM STUDENT, AL SHIFA COLLEGE OF PHARMACY, PERINTHALMANNA.
3. SIMI S.P., 1ST YEAR M.PHARM STUDENT, AL SHIFA COLLEGE OF PHARMACY, PERINTHALMANNA.
4. SIJO JOY EDAPPALLY, 1ST YEAR M.PHARM STUDENT, AL SHIFA COLLEGE OF PHARMACY, PERINTHAMANNA.
5. SHABEER ALI T.K., 1ST YEAR M.PHARM STUDENT, AL SHIFA COLLEGE OF PHARMACY, PERINTHALMANNA.
BY ADVS.SRI.SAJEEV KUMAR K.GOPAL & SMT.AMBIKA RADHAKRISHNAN.
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SRI.S.JAMAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rvs.
WP(C).No. 6222 of 2009 (W)
APPENDIX
PETITIONER(S)' EXHIBITS :
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| EXT. P1 : | TRUE COPY DEGREE IN |
OF THE PHARMACY |
PROSPECTUS (M.PHARM) K |
FOR ADMISS ERALA 2007. |
ION TO POST GRADUATE |
|---|---|---|---|---|---|
| EXT. P2 : | TRUE COPY PETITIONER |
OF THE . |
MEMO ISSUED | BY THE 2ND | RESPONDENT TO THE 1ST |
| EXT. P3 : | TRUE COPY PETITIONER |
OF THE . |
MEMO ISSUED | BY THE 2ND | RESPONDENT TO THE 2ND |
| EXT. P4 : | TRUE COPY PETITIONER |
OF THE . |
MEMO ISSUED | BY THE 2ND | RESPONDENT TO THE 3RD |
| EXT. P5 : | TRUE COPY PETITIONER |
OF THE . |
MEMO ISSUED | BY THE 2ND | RESPONDENT TO THE 4TH |
| EXT. P6 : | TRUE COPY PETITIONER |
OF THE . |
MEMO ISSUED | BY THE 2ND | RESPONDENT TO THE 4TH |
| EXT. P7 : | TRUE COPY COLLEGE TO |
OF THE R THE 2ND |
EPRESENTATIO RESPONDENT. |
N SUBMITTED |
BY THE STUDENTS OF THE |
| EXT. P8 : | TRUE COPY DATED 01/0 |
OF THE 1/09. |
ABOVE ORD | ER VIDE NO. | GO(RT)NO.05/2009/H&FWD |
RESPONDENT(S)' EXHIBITS :
----------------------
NIL.
/TRUE COPY/
P.A.TO JUDGE
RVS.
K. Vinod Chandran, J
------------------------------------------W.P.(C).No.6222 of 2009-W
Dated this the 27th day of July, 2015
JUDGMENT
The petitioners, who are students of M.Pharm course, contend that they are not being paid stipend as per the prospectus, at Exhibit P1.
WP(C).No.6222 of 2009 - 2 -
from the merit quota under the Government Colleges for reason only of they being lower in the merit. They cannot also, hence, claim equal treatment as those students admitted in the Government Colleges. The Government is also not getting any amount of fees from the students and the admission to the Self-Financing Colleges is only a benefit conferred to those students in the merits list who could not get the seats in the Government Colleges itself. In such circumstance, no arbitrariness or discrimination can be found on Exhibit P8 order. The petitioners, admittedly, were admitted to the course in a private college, which has not been impleaded in the writ petition.
Taking all circumstances into consideration, this Court finds that the writ petition is devoid of merit and the same is accordingly dismissed. No costs.
Sd/- K.Vinod Chandran Judge.
vku/-
[ true copy ]
2 issues framed by the court
Whether M.Pharm students of a self-financing college can claim stipend under a government order applicable only to government colleges.
Whether the petitioner-students are entitled to be treated equitably with government college students admitted from the merit quota.
Praveen R. and Others
State of Kerala, Rep. by Secretary to Govt, Health Dept.
Director of Medical Education
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
