Disposed

Dr.Amrutha T. v. State of Kerala

Kerala HC21 Dec 2020WP(C)/14028/2020

Case brief

AI extract

What is this about?

Petitioner sought payment of unpaid scholarships and funds allegedly misappropriated by the college. The Court directed payment to the petitioner and mandated the Government to establish a direct payment mechanism for scholarships.

What did the court decide?

Directions to pay the petitioner the outstanding grant and caution deposit; directive to the State Government to formulate a direct payment mechanism for scholarships within two months.

Dr.Amrutha T. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2020)

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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 A.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942

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WP(C).No.14028 OF 2020(C)

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PETITIONERS:

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DR.AMRUTHA T. AGED 26 YEARS D/O.RAMESAN.T., AMRUTHAM HOUSE, ADUTHILA STREET, PAYANGADI P.O., KANNUR-670 303, MOB.8547196022, [email protected]

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BY ADVS. SRI.VARGHESE P.CHACKO SHRI. DENNIS VARGHESE

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE (S) DEPARTMENT, SECRETARIAT BUILDING, THIRUVANANTHAPURAM, KERALA-695 036.

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2 THE PRINCIPAL, SUT ACADEMY OF MEDICAL SCIENCES, VENCOD, VATTAPPARA, THIRUVANANTHAURAM, KERALA, PIN-695 028.

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3 THE CEO, SUT ACADEMY OF MEDICAL SCIENCES, VENCOD, VATTAPPARA, THIRUVANANTHAURAM, KERALA, PIN-695 028.

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4 THE DEAN(UG), SUT ACADEMY OF MEDICAL SCIENCES, VENCOD, VATTAPPARA, THIRUVANANTHAURAM, KERALA, PIN-695 028.

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5 THE PRINCIPAL ACCOUNTANT GENERAL (A AND E/AUDIT) OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A AND E), M.G.ROAD, THIRUVANANTHAPURAM-695 001, KERALA.

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WP(C).No.14028 OF 2020(C)

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6 THE DISTRICT DEVELOPMENT OFFICER, SC-ST DEPARTMENT, THIRUVANANTHAPURAM DISTRICT, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 014.

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7 ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA REPRESENTED BY ITS CHAIRMAN, T.C.15/1553-4, PRASANTHI BUILDINGS, MP APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

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R2-3 BY ADV. SRI.NIRMAL V NAIR

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SRI. M.A. ASIF- SPL.G.P.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.14028 OF 2020(C)

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JUDGMENT

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Dated this the 21^st day of December 2020

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Shaffique,J.

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This Writ Petition has been filed by the petitioner inter alia seeking the following

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reliefs:

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“i) To issue a mandamus or any other Writ, Order, or Direction directing all the respondents to ensure that, the petitioner is paid with her “E Grantz Scholarship” amount of Rs.6,33,206/- and Caution Deposit amount of Rs.40,000/- totaling to an amount of Rs.6,73,206/- either by considering and passing appropriate orders in Exhibit P1 to P1(g) representations by the respondent nos.2 to 4 or on the basis of an enquiry initiated in the subject matter by the official respondent nos.1,5,6 and 7 most expeditiously or within such time as may be fixed by this Honourable Court, in the interest of justice.

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ii) To issue a mandamus or any other writ, order or direction, directing the official respondent nos.1, 5, 6 and 7 to file a report before this Honourable Court regarding the measures or regulating mechanisms presently available with Government of Kerala to monitor or supervise the self financing colleges like the respondent college, especially when it is reveled that, the money paid by the Government of Kerala had not yet reached the concerned student like the petitioner as the Respondent college had evidently committed fraud and misappropriation of the said Government funds liable to have been paid the students as brought out in the above Writ Petition.

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And

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iii) Grant such other further reliefs as may deem fit and proper, in the above facts and circumstances, by this Honourable Court, in the interest of justice.”

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As far as the first relief is concerned, the

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petitioner submits that other than an amount

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of Rs. 82,500/-, all other amount have been

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WP(C).No.14028 OF 2020(C)

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received. The respondent institute is now being managed by a special officer who had filed an affidavit inter alia stating that final years fee of Rs.1,65,000/- had been withheld by the college since the petitioner had not paid the said amount. That apart, the Government had released only Rs.82,500/towards the final year fee and if the balance amount is released by the Government, whatever amount is available with the college shall be given to the student.

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The Government shall take note of the

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deficiency in the fee to be paid on behalf of the petitioner and shall remit the dues within a period of one month from the date of receipt of a copy of the judgment.

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The petitioner also has a case that,

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money paid by the Government is not reaching

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the hands of the students like the

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petitioner. In the case on hand, the college

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WP(C).No.14028 OF 2020(C)

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concerned had appropriated the said amount.

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Taking into account the factual aspects

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involved in the case, wherein it is found

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that, the Scholarship granted for the students are not being paid by the respective colleges in time, the Government shall formulate a mechanism to ensure that the payment reaches the respective students directly. Of course, necessary precautionary measures are required to be taken. Presently

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the procedure followed is that, the

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scholarship/grant amount is send to the account of the colleges and it is the Principal, who disburse the amounts to the students. This procedure had given rise to a situation where the colleges Authorities have started appropriating the amount and there was failure on their part to disburse

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the amount in time to the students concerned. Therefore, an appropriate measure

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to pay the Scholarship amount directly to

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WP(C).No.14028 OF 2020(C)

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the account of the students concerned will

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be advisable. The Government shall consider this aspect and take necessary steps in this

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regard within a period of two months from the date of receipt of a copy of the judgment.

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The Writ Petition is disposed of, with the above observations.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

GOPINATH P.

JUDGE

WP(C).No.14028 OF 2020(C)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1	LETTER DATED 21.04.2020 FILED BEFORE THE 2ND RESPONDENT DEMANDING SCHOLARSHIP AMOUNT.
EXHIBIT	P1 A	LETTER DATED 21.04.2020 FILED BEFORE THE REGISTRAR, SUT ACADEMY OF MEDICAL SCIENCES DEMANDING E GRANTS SCHOLARSHIP AMOUNT.
EXHIBIT	P1 B	LETTER DATED 21.04.2020 FILED BEFORE R3 DEMANDING E GRANTS SCHOLARSHIP AMOUNT.
EXHIBIT	P1 C	LETTER DATED 21.04.2020 FILED BEFORE R4 DEMANDING E GRANTS SCHOLARSHIP AMOUNT.
EXHIBIT	P1 D	LETTER DATED 09.06.2020 FILED BEFORE R4 DEMANDING E GRANTS SCHOLARSHIP AMOUNT.
EXHIBIT	P1 E	LETTER DATED 11.06.2020 FILED BEFORE R3 DEMANDING E GRANTS SCHOLARSHIP AMOUNT.
EXHIBIT	P1 F	PETITIONER SUBMITTED DEMAND LETTER DATED 17.06.2020 TO THE 3RD RESPONDENT DEMANDING E GRANTS SCHOLARSHIP AMOUNT.
EXHIBIT	P1 G	PETITIONER SUBMITTED LETTER DATED 30.06.2020 TO THE 6TH RESPONDENT DEMANDING E GRANTS SCHOLARSHIP AMOUNT.
EXHIBIT	P2	THE 2ND RESPONDENT ISSUED AN EMAIL DATED 24.06.2020 INTIMATING THAT THE E GRANTS SCHOLARSHIP AMOUNT CAN BE DISBURSED BY SEPTEMBER 2020.
EXHIBIT	P3	ORDER DATED 26.06.2020 PASSED BY THE CHAIRMAN, ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA.
RESPOND Sn	ENTS'S/S E	XHIBITS: NIL

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//TRUE COPY// PA TO JUDGE

Dr.Amrutha T. v. State of Kerala

Case brief

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Dr.Amrutha T. v. State of Kerala

Case brief

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