Disposed

West Fort Institute of Paramedical Sciences v. State of Kerala

Kerala HC17 Nov 2016WP(C)/25542/2015

Case brief

AI extract

What is this about?

Petitioner, a self-financing paramedical college, sought remittance of fees for eight SC/ST students from the Government. The Court directed the petitioner to submit necessary details in two weeks for the Government to process the claim within two months.

What did the court decide?

Direction to petitioner to provide necessary details to the Government within two weeks for processing claim within two months.

West Fort Institute of Paramedical Sciences Vs State… — Education and Admissions | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 17TH DAY OF NOVEMBER 2016/26TH KARTHIKA, 1938

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WP(C).No. 25542 of 2015 (P)

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PETITIONER(S) :

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WEST FORT INSTITUTE OF PARAMEDICAL SCIENCES (A UNIT OF WESTFORT HOSPITAL) M.G.KAVU, POTTORE, THRISSUR, REPRESENTED BY ITS MANAGING PARTNER.

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BY ADVS. SRI.P.C.SASIDHARAN

SRI.E.S.ASHRAF

SRI.P.E.SAJAL

RESPONDENT(S) :

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, SC/ST DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2. THE DIRECTOR, SC/ST DEVELOPMENT OFFICE, VELLAYAMBALAM, KAVADIYAR P.O, THIRUVANANTHAPURAM 695 010.

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3. THE DISTRICT OFFICER, SC/ST DEVELOPMENT OFFICE, DISTRICT OFFICE, AYYANTHOLE, TRICHUR 680 001.

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BY GOVERNMENT PLEADER SRI. RON BASTIAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 25542 of 2015 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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P1 TRUE COPY OF THE AGREEMENT DATED 2.9.2013 ENTERED INTO BY THE MANAGEMENT WITH THE GOVERNMENT FOR THE ACADEMIC YEAR 2013-2014 WITH REFERENCE TO THE ADMISSION OF STUDENTS TO SELF FINANCING PARA MEDICAL COURSES.

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P2 TRUE COPY OF THE LETTER DATED 23.6.2014.

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P3 TRUE COPY OF THE LETTER DATED 26.5.2015.

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P4 TRUE LIST OF STUDENTS WITH THE AMOUNT DUE OR RECEIVABLE FROM THE GOVERNMENT IN SO FAR AS THE STUDENTS ADMITTED TO THE PETITIONER'S COLLEGE.

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P5 TRUE COPY OF THE ORDER IN W.P(C).NO. 19203 OF 2013.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

SHAJI P. CHALY, J.

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W.P.(C). No.25542 of 2015

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Dated this the 17^th day of November, 2016

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JUDGMENT

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Petitioner is a partnership firm which was sanctioned

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with Para Medical course viz., B.Sc Medical Lab Technology and various Diploma courses i.e, DMLT, DRT, DDT, DCVT, DOTAT. The courses are conducted in the self financing sector and 50% seats are allotted to candidates sponsored by the Government on merit basis. Eight SC/ST candidates were allotted to the Government quota to the college under various discipline. In accordance with the terms of the agreement entered into between the Government and Self Financing Para Medical Management Association, petitioner collected fee from the students. Since the Government has undertaken to pay the fee and other expenses of SC/ST students admitted to the course, petitioner addressed a letter requesting the

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amount to be paid to the college. Eventhough repeated requests were made, Government has not paid the same. It is

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W.P.(C). No.25542 of 2015

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in this background seeking appropriate direction this writ petition is filed.

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Third respondent has filed a counter affidavit admitting that eight students got admitted in the petitioner's institution. However, the thrust of the contention advanced in the counter affidavit is that, petitioner has not forwarded the list enabling 1^st respondent to process the same. Therefore, it is the contention that, petitioner has not made out any case so

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as to warrant interference under Article 226 of the Constitution of India, there being no illegality or arbitrariness on the part of the respondents.

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Heard learned counsel for petitioner, learned Senior Government Pleader and perused the documents on record and the pleadings put forth by the petitioner.

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The issue to be decided is whether the petitioner is entitled to receive fees for and on behalf of the eight students admitted in the institution of the petitioner in accordance with the agreement entered into between the Government and the Self Financing Para Medical Management Association. The

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W.P.(C). No.25542 of 2015

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only issue raised by the Government in the counter affidavit is that no list was forwarded to the Government enabling the Government to process the claim made by the petitioner.

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In that view of the matter, there will be a direction to the petitioner to provide necessary details to the Government in respect of the claims raised by the petitioner in this writ petition within two weeks and the same shall be considered, if received as observed above, within a further period of two months.

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Writ petition is disposed of accordingly.

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Sd/- SHAJI P. CHALY JUDGE

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smv 18.11.2016

West Fort Institute of Paramedical Sciences v. State of Kerala

Case brief

What is this about?

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West Fort Institute of Paramedical Sciences v. State of Kerala

Case brief

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