Dismissed

Meera Lakshmi S. v. State of Kerala

Kerala HC7 Dec 2020WP(C)/26540/2020

Case brief

AI extract

What is this about?

Petitioner sought admission under KEAM 2020 and was allotted MBBS in a private college but was directed to pay full fees as she was ineligible for concession at the time of application. The petitioner argued that her father's subsequent retirement brought the family income below the concession threshold. The court noted the petitioner could appear in mop-up counseling and claim concession upon joi

What did the court decide?

Relief sought by the petitioner for alteration of fee structure and allotment process is dismissed. The petitioner can appear in mop-up counseling and claim fee concession upon joining.

Meera Lakshmi S. Vs State of Kerala — Education and Admissions | 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 SMT. JUSTICE P.V.ASHA

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MONDAY, THE 07TH DAY OF DECEMBER 2020 / 16TH AGRAHAYANA, 1942 WP(C).No.26540 OF 2020(N)

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PETITIONER:

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MEERA LAKSHMI S., AGED 20 YEARS D/O.SREEKUMAR K., 'SREEPOOJA', PERUNNA EAST, CHANGANACHERRY VILLAGE, KOTTAYAM DISTRICT, PIN-686 102

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BY ADVS. SRI.S.RANJIT (KOTTAYAM) SRI.GOKUL DAS V.V.H.

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RESPONDENTS:

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1 STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. PIN 695 001

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2 THE DIRECTOR DIRECTORATE OF BACKWARD COMMUNITIES DEVELOPMENT DEPARTMENT, FOURTH FLOOR AYYANKALI BHAVAN, KANAKANAGAR, VELLAYAMBALAM, KOWDIAR P.O., THIRUVANANTHAPURAM. PIN-695 003

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3 COMMISSIONER FOR ENTRANCE EXAMINATIONS OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. PIN-695 001

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4 VILLAGE OFFICER CHANGANACHERRY VILLAGE, KOTTYAM. PIN 686 101

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5 MANAGER, SREE NARAYANA INSTITUTE OF MEDICAL SCIENCES, CHALAKKA, NORTH KUTHIATHODE P.O., ERNAKULAM. PIN-683 594

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OTHER PRESENT:

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SRGP.SRI.V.MANU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.26540 OF 2020(N)

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J U D G M E N T

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Petitioner, who had submitted application for admission to undergraduate professional courses under KEAM 2020, was granted allotment for admission in the 5^th respondent College to MBBS course. Petitioner points out that she belongs to Veluthedathu Nair community and is eligible for fee concession. However it is stated that at the time when she submitted her application and uploaded her income certificate, she was not eligible for fee concession. As Per Ext.P2 allotment memo dated 20.11.2020 petitioner was directed to remit a sum of Rs.3,00,000/- to the 3^rd respondent and to remit a sum of Rs.4,65,400/- to the College towards tuition fee. Petitioner points out that though the annual income certified in the income certificate uploaded by her was Rs.7,08,480/-, subsequently on retirement of her father, petitioner got Ext.P5 income certificate from the Village Officer on 24.11.2020, according to which the annual family

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income is Rs.3,64,512/-. The contention of the

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WP(C).No.26540 OF 2020(N)

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petitioner is that on the basis of Ext.P5 certificate she is not liable to make the payment as directed in

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Ext.P2 allotment memo as she is eligible for fee concession admissible to other eligible community (OEC).

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Learned Government Pleader points out that admittedly petitioner was not eligible for fee concession at the time when she submitted her application and she uploaded the certificates.

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Allotment is made on the basis of the

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provisions contained in the prospectus. As per Clause 11 of the prospectus the petitioner when she gets allotment, has to make the payment before the 3^rd respondent as well as before the College. In case she does not make the payment, her allotment would be cancelled and she would not be considered for further allotment.

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Learned counsel for the petitioner submits

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that petitioner was not able to remit the fee as

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WP(C).No.26540 OF 2020(N)

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directed in Ext.P2 allotment and therefore she could not join the College.

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Learned Government Pleader, on instructions

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submitted that petitioner would be able to appear in the mop-up counseling though she did not join, on the basis Ext.P2 allotment. She will also be free to claim fee concession on the basis of her present income,

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after she joins the College, in the event of further allotment and admission.

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At any rate no direction can be given to the 3^rd respondent at this stage for any alteration in the

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process of allotment and relief sought by the petitioner cannot be granted.

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Writ petition is accordingly dismissed.

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Sd/- P.V.ASHA, JUDGE

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WP(C).No.26540 OF 2020(N)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE MARK SHEET OF THE PETITIONER IN THE ALL INDIA SENIOR SCHOOL CERTIFICATE EXAMINATION-2018, CONDUCTED BY THE C.B.S.E

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EXHIBIT P2 TRUE COPY OF THE ALLOTMENT MEMO DATED 20.11.2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

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EXHIBIT P3 TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE DATED 7.2.2020 ISSUED BY THE 4TH RESPONDENT

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EXHIBIT P4 TRUE COPY OF PENSION CERTIFICATE DATED 13.11.2020 ISSUED BY THE SUB TREASURY OFFICER, CHANGANACHERRY

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EXHIBIT P5 TRUE COPY OF THE INCOME CERTIFICATE DATED 24.11.2020 ISSUED TO THE PETITIONER'S FATHER

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EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED ON 25.11.2020 BY THE PETITIONER BEFORE THE 3RD RESPONDENT

Meera Lakshmi S. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Meera Lakshmi S. v. State of Kerala

Case brief

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