Appeal by students against judgment holding fee concession for BPL/SEBC applies only to 20 candidates per agreement, not recalculated on 85 total seats, dismissing writ appeal.
Writ appeal dismissed; judgment of learned Single Judge upheld.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WA NO. 634 OF 2021
AGAINST THE JUDGMENT IN WP(C) 33243/2019 OF HIGH COURT OF KERALA APPELLANT/S:
1 SHEEJA.T.R., THAZHATHETHIL HOUSE,ARANGOTTUKARA P.O., THRISSUR,PIN CODE-679 532.2 ANUSHA S.W., PAVARA VEEDU,KAKKAVILA P.O., UCHAKKADA, THIRUVANANTHAPURAM, PIN CODE-695 506.3 SUFINA SALIM, S.S.VILLA,LAKSHMI PURAM,POOLANTHARA,SANTHIGIRI P.O., 'THIRUVANANTHAPURAM,PIN CODE-695 589.4 LAKSHMI M.G., MURALI SADANAM,PERUMPUZHA P.O., KOLLAM, PIN CODE-691 504.5 SRUTHI BAIJU, POOVELIL HOUSE,PLAVILA,ATHIYANNOOR,THANNIMOODU P.O., THIRUVANANTHAPURAM,PIN CODE-695 123.6 ALEENA JOY, THAIPPADATH HOUSE,KOLARIKKAL ROAD, SOUTH CHITTOOR,ERNAKULAM,PIN CODE-682 027.7 AMINA SAHEED, PANAYIL VEEDU,AKKAL P.O.,KARINGANOOR, KOLLAM, PIN CODE-691 516.8 SALMA SHEREEF, SHEREENA MANZIL,KARALIKONAM,ARKKANNOOR(P.O.), KOLLAM DISTRICT,PIN CODE-691 533.9 RESHMA SAJJANAN, LEKSHMI NIVAS,RAMU VILAKAM,VAKKOM, THIRUVANANTHAPURAM,PIN CODE-695 308.2
W.A.No.634 of 2021
10 AMEER S., S/O.SALIM,A B S HOUSE,OONNANPARA, CHERUVALA, PIN-695 608.11 JEETHU J.L., CHILAMBIL,THOTTAKKADU,KARAVANAM P.O., THIRUVANANTHAPURAM,PIN CODE-695 605.12 APARNA S.CHANDRAN, T.C.21/825(1),APOARNA BHAVAN,NEDUMCADU, KARAMANA P.O.,THIRUVANANTHAPURAM,.PIN-695 002.13 ANJANA B.SURESH, KUMAR BHAVANAM,ANJAMANGALAM, KARAKONAM.,PIN CODE-695 504.14 STEPHEENA THOMAS, PALLATHUSSERY (H),OCAHNTHURUTH P.O., ERNAKULAM DISTRICT,PIN CODE-682 508.BY ADVS.
C.UNNIKRISHNAN (KOLLAM)
ANANDA PADMANABHAN
UTHARA A.S
SREEDEVI S.
MAHESH CHANDRAN
VIJAYKRISHNAN S. MENON
RESPONDENT/S:
1 THE CHAIRMAN SRISANKARA DENTAL COLLEGE AKATHUMURI,VENNICODE P.O.,VARKALA, THIRUVANANTHAPURAM- PIN NO.695 318.2 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM,PIN NO.695 001.3 COMMISSIONER FOR ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM,PIN NO.695 001.4 ANITHA JOSE, VADAKKEDATHU HOUSE,PANNIMATTOM P.O., THODUPUZHA, IDUKKI DISTRICT,PIN-690 503.3
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5 SHAHANAS A., BISMILLAH HOUSE,ELIPPAKULAM P.O., PALLICKAL (VIA), ALAPPUZHA-690 503.6 AKASH RAJ, VENAD HOUSE,ELAKMON P.O., AYIROOR,VARKALA-695 310.7 RAJENDU R., RAJENDU BHAVANAM,.BHOOTHAKULAM P.O., KOLLAM,PIN CODE-691 302.8 ABHIRAMI, T.C.21/1043,NR BHAVAN,NEDUMCAD,KARAMANA P.O, THIRUVANANTHAPURAM,PIN NO.695 002.9 KIRAN P.V., VENATTUKIZHAKKATHIL,CHERUTHANA P.O., ALAPPUZHA DISTRICT-690 517.10 SHAMINA SHAJAHAN, TC 35/914,PUTHEN ROAD JN.,VALLAKKADAVU P.O., THIRUVANANTHAPURAM-695 008.11 KRISHNA PRASENAN,KOOTTANIKKAL HOUSE,MYLAKKADU P.O.,
KOLLAM.PIN NO-691 571.
12 ARDRA R.S., RAAS COTTAGE,PONGANADU P.O., KILIMANOOR,TRIVANDRUM,PIN-695 601.13 NANDANA B.S., NANDAVANAM HOUSE,NADUVANNUR POST, KOZHIKODE DISTRICT-673 614.14 DHANYASREE B.M., MANI BHAVAN,MAVARTHALAKONAM, NALANCHIRA P.O., TRIVANDRUM-695 015.15 ALEENA JIMMI, ANLIN,TC 13/661(4),MIRANDA JUNCTION, VANCHIYOOR P.O.,696 035.16 ASIYA ANSARI, SHAREEFA MANZIL,M.O.WARD, ALAPPUZHA, PIN-688 001.4
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17 AMRUTHA K.S., KARAVATTE HOUSE,PONGANAMKADU, THRISSUR-680 028.18 ANJANA T.VINOD, THAIPARAMBIL, AYMANAM P.O., KOTTAYAM,PIN NO-686 015.19 MANESHA JOSHI, AKKARAVILA VEEDU,EATHIYIL,NEDUMPARAMBU P.O., ALAMCODE-695 102.20 ARYA RAJAN, PULICKAL HOUSE,PAZHANGANAD, KIZHAKKAMBALAM P.O., ERNAKULAM-683 562.21 RAHUL MISHRA, PRANAVAN,KAROOR,AMBALAPUZHA, ALAPUZHA DISTRICT-688 561.22 SONA J.PARVATHY, SATHYMAHAL,PALACHIRA P.O., VARKALA,THIRUVANANTHAPURAM-695 143.23 SHABEENA JABEEN P.C., PICHEN CHEERATH HOUSE,OTTATHARA, KODUR P.O., MALAPPURAM-676 504.SRI.KURIAN GEORGE KANNANTHANAM, SR GP FOR R1
ADV.SRI.TONY GEORGE KANNANTHANAM
ADV.SRI.P.M.SANEER
SRI.K.P.HARISH, SR GP FOR R2 & R3
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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5
JUDGMENT
Dated this the 1st day of October, 2021
S haji P. C haly, J.
The appeal is preferred by respondents 10 to 14 and 28 to 36 in W.P.(C)No.33243 of 2019 challenging the judgment of the learned Single Judge dated 8.3.2021 whereby the learned single Judge allowed the writ petition filed by the Chairman of Sri Sankara Dental College and declared that the writ petitioner is obliged to give fee concession as per Exhibit P1 Government Order, G.O.(Rt)No.2497/2016/H&FWD, dated 6.9.2016, only to 20 candidates and further that the writ petitioner is entitled to collect the full fee from the remaining 14 candidates included in Exhibit P7 list by the office of the Commissioner for Entrance Examinations, Thiruvananthapuram in KEAM 2016 for the period from the year 2016-2017 onwards. Accordingly, the Commissioner for Entrance Examinations was directed to provide to the writ petitioner the name of 20 students, who are eligible for fee concession and instruct the remaining 14 ineligible candidates in Exhibit P7 list to remit annual fee @ Rs.2,10,000/- from the year of admission till the completion of the course. The second
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respondent was also directed that since the academic year and the course of the students are coming to an end by 31.03.2021 to comply with the directions at the earliest and at any rate within a period of two weeks. It is thus challenging the legality and correctness, some of the students have come up in appeal. The basic facts for the disposal of the appeal are as follows:
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Commissioner for Entrance Examinations notified the seats for spot allotment specifying that the fees would be Rs.2,10,000/-. Thus the Commissioner made a total allotment of 85 candidates including the students admitted in the spot admission. Matters being so, after more than a year of allotment, the Commissioner notified a list of 34 candidates eligible for fee concession. However, according to the petitioner the fee concession was available only for 20 candidates. Anyhow after the list was notified by the Commissioner for Entrance Examinations the candidates were not paying the fee. Therefore, the writ petitioner moved the Commissioner and the Commissioner said that the unit of reservation so far as BPL and SEBC candidates are concerned, is 85 and not 50 for apportioning the fee concession. The contention put forth by the writ petitioner was that the said view adopted by the Commissioner was fundamentally wrong and the writ petitioner was liable to give fee concession to 20 candidates alone, and others were liable to pay full Government fee of Rs.2,10,000/-. It was thus challenging Exhibit P7 impugned order passed by the Commissioner for Entrance Examinations, the writ petition was filed.
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pros and cons of the matter and the conditions contained in the agreement executed by the management’s association and the Government, came to a conclusion that altogether only 20 candidates are entitled to fee concession and the list prepared by the Commissioner for Entrance Examinations namely Exhibit P7, providing concession to 34 students cannot be sustained. The paramount contention advanced in the writ appeal by the appellants is that the learned single Judge was not right in holding that only 20 students are entitled to fee concession when 85 seats were filled up by the Government from its list since the management was unable to fill up the seats earmarked to it as per the agreement executed by and between the parties. It was also pointed out that the mandatory reservation available to SEBC or BPL students is based on their respective mark satisfying all prerequisite conditions of Non Creamy Layer and those communities enlisted as SEBC or income criteria to BPL. Therefore, according to the appellants, after merger of 35 management seats to State merit pool, the management cannot de-reserve such number of seats to impose fees @ Rs.2,10,000/- since the management lost control over such seats irrevocably and it was in that context that
spot admission was made by the Commissioner for Entrance
9
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Examinations. It was also pointed out that the impugned judgment was passed without hearing students who are arrayed as respondents 3 to 36 and therefore, the students could not point out the legal aspects in respect of the reservation available and in that view of the matter, the appeal has to be considered reappreciating the entire facts and circumstances involved in the subject issue.
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Government Order at serial No.13 ie. Sri Sankara Dental College. Clause (1) of the agreement shows that 50% of the total seats in the member colleges will be filled up by the member colleges as allotted by the Commissioner for Entrance Examinations. From the list prepared by the Commissioner for Entrance Examinations who have qualified in the Kerala Engineering Agriculture Medical Entrance Examination 2016 (KEAM 2016) in accordance with merit and reservation principles followed by the Government from time to time subject to clause (2) below. Clause (2) specifies that whereas the member colleges has minority status 30% seats out of the above 50% seats (15 seats out of 100 seats) will be filled up by the member colleges from the list prepared by the Commissioner for Entrance Examinations by the students belonging to the minority community which established the college based on their inter se merit. It is further specified in clause (3) that the Commissioner for Entrance Examinations shall furnish the list of the students to be admitted in the member colleges and the member colleges shall admit the students specified in the list.
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Government merit quota during the entire course period:
“a. 14% of the candidates from among those allotted by the Commissioner for Entrance Examinations in each institution coming under BPL families as per Kerala State norms irrespective of rank or category need only pay an annual tuition of Rs.23,000 (Rupees Twenty Three Thousand only). If enough number of candidates belonging to BPL category as above are not available, the balance number of candidates will be allowed concessional fees of Rs.23,000 (Rupees Twenty Three Thousand only) per annum to be selected from among those allotted by the Commissioner for Entrance Examination in each institution from those having lower family income, irrespective of rank or category with the total number of BPL student eligible for concessional fees not exceeding 14% as above. However, SC/ST category of candidates, who already enjoy fee concession benefits will not be considered for the above purpose.
b. 26% of candidates who have been allowed SEBC status by the Commissioner for Entrance Examination in each institution shall pay an annual tuition fee of Rs.44,000 (Rupees Forty four thousand only). They will be selected on the basis of the rank. However, if the required number of SEBC candidates is not available among the students allotted by the CEE in the institution, the remaining number of candidates will be selected from among the general category on the basis of income irrespective of rank or category as explained in clause (a), with the total number of students eligible for
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concessional fee not exceeding 26% as above.
c. The same principle as explained in clause (a) and (b) is applicable to the minority institutions also.
d. All other candidates as explained in clause (a), (b) & SC/ST shall pay an annual tuition fee of Rs.2,10,000/(Rupees Two Lakh Ten Thousand only). The fee benefits will be granted only after the closure of allotments to Private Self Financing Dental Colleges. Hence candidates (except SC/ST) allotted to these institutions will have to remit the fee of Rs.2,10,000/- provisionally at the time of the allotment directly to the Member Colleges. The CEE will deduct only Rs.10,000/- from the students mentioned above and this amount will be transferred to the Member Colleges within 45 days of admission, failing which the Member Colleges can claim interest on the payment.”
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proportionate share of fees payable to the Universities, Government fees, Dental Council of India fees, transportation charges and other statutory charges. Clause (9) deals with the remaining 50% of the seats that was to be filled up by the educational agency by employing the following method :
“a. The Member Colleges are entitled to fill up 15% seats in the NRI category by admitting NEET qualified students who are children/dependents of Non Resident Indians, as per the conditions stipulated in GO(MS)No.34/2013/H&FWD dated 05.02.2013 and GO(MS)No.243/2014/H&FWD dated 06.08.2014. The Member Colleges can collect up to Rs.6,00,000/- (Rupees Six Lakhs only) per annum for five years as fees from NRI candidates thus admitted. In addition to this the Member Colleges can collect an amount not exceeding one year tuition fee, ie, Rs.6,00,000/- (Rupees Six Lakhs only) from the students in the category as interest free deposit. It shall be refunded at the end of the course without interest.
b. The Member Colleges shall be entitled to fill up the remaining 35% seats according to the merit list prepared on the basis of NEET 2016 based on inter-se merit. The Member Colleges will have the right to apportion the seats within this 35% to various categories or within the community or denominations thereof, based on inter-se merit.
c. 10% (5 seats out of 50) will be allotted to the dependents of Staff, Management and Trustees of the
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College based on the NEET qualified applications received by the Member Colleges.
d. Each Student thus admitted by the Member Colleges to the above mentioned 35% seats shall pay annual tuition fee up to Rs.5,00,000/- (Rupees Five Lakhs only) per annum for five years for which signed and sealed receipts shall be given by the Member Colleges. In addition to this the Member Colleges can collect an amount not exceeding one year tuition fee, ie, Rs.5,00,000/- (Rupees Five Lakhs only) from the students in the category as interest free deposit. It shall be refunded at the end of the course without interest. The Member Colleges shall be entitled to collect from every student admitted to the College under clause 9(a), (b) & (c) irrespective of whether they have been allotted by CEE under reservation or otherwise, Caution Deposit and other expenses and such other permitted amounts, from students joining in Educational Agency. The Member Colleges can also collect from students their proportionate share of fees payable to the Universities, Government fees, Dental Council of India fees, transportation charges, examination conducting charges, establishment charges, other statutory charges, etc. Such fees and amounts shall be specifically listed out and published each year by the Member Colleges.”
account of various aspects are clearly delineated in the Government Order by virtue of the agreement executed by the management’s association and the State Government. The
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contention advanced by the appellants is that since 85 seats were filled up from the list of the Commissioner for Entrance Examinations, the unit for BPL and SEBC fee concession is to be taken by calculating the percentage taking into account the 85 seats.
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management was entitled to charge Rs.5 lakhs per annum for five years. However, since the allotment is made by the Commissioner for Entrance Examinations on the request of the management by virtue of clause (7)(d), the management is entitled to charge an annual fee of Rs.2,10,000/- alone.
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that consequent to the directions issued by the writ court, the Commissioner for Entrance Examinations has earmarked the 20 students eligible for fee concession in the BPL as well as the SEBC category and the management is prepared to extend the fee concession in accordance with the agreement executed and the consequential Government Order passed and discussed above. This is recorded.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar Chief Justice
Sd/-
Shaji P.Chaly Judge
vpv
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APPENDIX
PETITIONER’S EXHIBITS:
ANNEXURE A1: G.O.(RT) 3201/2017/F&WF DATED 10/11/2017. ANNEXURE A2: LIST OF ADMITTED STUDENTS UNDER RTI ACT. ANNEXURE A3: REVISED LIST PUBLISHED OF 20 STUDENTS. ANNEXURE A4: COMMUNICATION ISSUED BY COMMISSIONER OF ENTRANCE EXAMINATION.
TRUE COPY
P.A. TO JUDGE
3 issues framed by the court
Whether fee concession was correctly limited to 20 candidates under the agreement when 85 seats were filled by the Commissioner.
Whether the learned Single Judge erred in holding that the Commissioner's list of 34 eligible students could not be sustained.
Whether the appellants have made out any case for interference in the intra-court appeal.
SHEEJA.T.R.
ANUSHA S.W.
SUFINA SALIM
LAKSHMI M.G.
SRUTHI BAIJU
AMEER S.
S.MANIKUMAR
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court