Partly allowed

Najma v. Union of India

Kerala HC10 Dec 2021WP(C)/18834/2021

Case brief

AI extract

What is this about?

Students admitted to a medical college that lacked infrastructure were re-allotted to another college for full-year training. The court upheld the new college's fee claim but directed the State to initiate revenue recovery against the original college to refund students who paid double fees for the same period.

What did the court decide?

Direct infection institute to initiate revenue recovery proceedings to recover fees paid by petitioners to 5th respondent; if not recovered within six months, Government shall pay petitioners.

Najma Vs Union of India — Education and Admissions | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

¶4

¶5

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

¶6

FRIDAY, THE 10^TH DAY OF DECEMBER 2021 / 19TH AGRAHAYANA, 1943

¶7

WP(C) NO. 18834 OF 2021

¶8

PETITIONER/S:

¶9

1 NAJMA AGED 24 YEARS D/O.K.M. SULAIMAN, AMK MANZIL, PAYALLORE, KOLLENGODE, PALAKKAD-678 506, REG.NO.160014541. 2 ANUSREE AGED 24 YEARS D/O. P.VIJAYAKRISHNAN, SOUPARNIKA, THACHINGANADAM, MALAPPURAM-679325, REG.NO.160014470. 3 THAFSEER K.K. AGED 24 YEARS S/O. ASLAM K.K., KASTHOORI KUNIYIL (H), ORKATTERI PO, VADAKARA, CALICUT, PIN-673 501, REG.NO.160014576.

¶10

BY ADV SRI. RAJIT

¶11

RESPONDENT/S:

¶12

1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF LAW & JUSTICE, NEW DELHI-110001

¶13

2 STATE OF KERALA REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH, THIRUVANANTHAPURAM-695001

¶14

3 KERALA UNIVERSITY OF HEALTH SCIENCES MULAMKUNNATHKAVU, THRISSUR-680 596. REPRESENTED BY THE VICE CHANCELLOR.

¶15

4 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS THIRUVANANTHAPURAM, KERALA-695001

¶16

5 KERALA MEDICAL COLLEGE MANGODE, CHERUPALASSERY, PALAKAKD-679 503, REPRESENTED BY THE CHAIRMAN.

¶17

6 KUNHITHARUVAI MEMORIAL CHARITABLE TRUST (KMCT) KALANTHODE, MANASSERY (P.O), MUKKAM, KOZHIKODE

¶18

W.P. (C) Nos. 18834 of 2021

¶19

& 18363 of 2021 2-

¶20

(CALICUT) 673 602, REPRESENTED BY THE TRUSTEE DR.K.M. NAVAS. 7 THE FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA HEAD OFFICE, T.C.15/1553-4, PRASANTHI BUILDINGS, M V APPAN ROAD, VAZHUTHOKKOD, THIRUVANANTHAPURAM695 001, REPRESENTED BY THE CHAIRMAN. BY ADVS. SRI. R.T. PRADEEP FOR THE 2ND RESPONDENT ADV. SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES ADV. SRI. P.SANTHOSH MATHEW FOR R6 SENIOR GOVT. PLEADER SRI. PREMCHAND R. NAIR & CENTRAL GOVERNMENT COUNSEL SRI. JAYASANKAR V. NAIR

¶21

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 1.12.2021, ALONG WITH WP(C).18363/2021, THE COURT ON 10-12-2021 DELIVERED THE FOLLOWING:

¶22

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021

¶23

¶24

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶25

PRESENT

¶26

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

¶27

¶28

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

¶29

FRIDAY, THE 10^TH DAY OF DECEMBER 2021 / 19TH AGRAHAYANA, 1943 WP(C) NO. 18363 OF 2021

¶30

PETITIONER/S:

¶31

1 ALISHA.A.B., AGED 23 YEARS D/O.BABU, AYYAMKULANGARA HOUSE, KANIPPAYOOR P.O., THRISSUR, PIN-680 517, REG, NO.160014455.

¶32

2 SWETHA KRISHNAN, AGED 24 YEARS D/O.RADHAKRISHNAN, SREEHARI HOUSE, KALLEMPADAM, NILAMBUR (PO), MALAPPURAM, PIN-679 329, REG. NO.160014574.

¶33

BY ADV RAJIT

¶34

RESPONDENT/S:

¶35

1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF LAW AND JUSTICE, NEW DELHI-110 001.

¶36

2 STATE OF KERALA, REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH, THIRUVANANTHAPURAM-695 001.

¶37

3 KERALA UNIVERSITY OF HEALTH SCIENCES, MULAMKUNNATHKAVU, THRISSUR-680 596, REPRESENTED BY THE VICE CHANCELLOR.

¶38

4 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, SS KOVIL ROAD, SANTHI NAGAR, THIRUVANANTHAPURAM,

¶39

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021

¶40

KERALA-695 001.

¶41

5 KERALA MEDICAL COLELGE, MANGODE, CHERUPALASSERY, PALAKKAD-697 503, REPRESENTED BY THE CHAIRMAN. 6 KUNHITHARAVAI MEMORIAL CHARITABLE TRSUT (KMCT), KALANTHODE, MANASSERY (PO), MUKKAM, KOZHIKODE (CALICUT)-673 602, REPRESENTED BY THE TRUSTEE DR.K.M.NAVAS. 7 THE FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA, HEAD OFFICE, TC 15/1553-4, PRASANTHI BUILDINGS, MV APPAN ROAD, VAZHUTHOKKOD, THIRUVANANTHAPURAM695 001. REPRESENTED BY THE CHAIRMAN. BY ADVS. SRI. R.T. PRADEEP FOR THE 2ND RESPONDENT ADV. SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES ADV. SRI. P.SANTHOSH MATHEW FOR R6 SENIOR GOVT. PLEADER SRI. PREMCHAND R. NAIR AND & CENTRAL GOVERNMENT COUNSEL SRI. JAYASANKAR V. NAIR

¶42

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 1.12.2021, ALONG WITH WP(C).18363/2021, THE COURT ON 10-12-2021 DELIVERED THE FOLLOWING:

¶43

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021

¶44

¶45

A.K.JAYASANKARAN NAMBIAR,& MOHAMMED NIAS C.P.JJ.

¶46

W.P. (C) Nos. 18834 of 2021

¶47

and

¶48

18363 of 2021

¶49

Dated this the 10^th day of December, 2021

¶50

JUDGMENT

¶51

Mohammed Nias C.P.J.

¶52

The petitioners in both the Writ Petitions are students presently doing their final year, 9^th semester of MBBS course. They joined the 5^th respondent College (Kerala Medical College, Palakkad) during the academic year 2016-2017, after successful completion of NEET examination.

¶53

The petitioners remitted fee for the first and second year MBBS course as is evident from the receipts produced. Alleging that there was no infrastructure facilities in the 5^th respondent College to carry on the course, the petitioners and other students filed W.P. C.

¶54

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021

¶55

¶56

No. 24826/2018 in which the students of the 5^th respondent College were directed to be re-allotted to nine different medical colleges in the State by Ext. P7 judgment. The petitioners had already lost one academic year (2018-2019) due to the litigation and they were directed to join the 5^th semester of the 2^nd year MBBS course to the re-allotted college namely, the 6^th respondent medical college for the academic year 2019-2020. Petitioners submit that they were allotted to the 6^th respondent college and were to continue the 5^th semester of the 2^nd year MBBS Course and the 6^th semester of the 3^rd year MBBS course in the year 2019-2020. . After joining the 6^th respondent college, petitioners submit that they have paid the fee for the academic year 2020-2021 as well and, after successful completion of the 7^th and 8^th semester, they were promoted to the 4^th year MBBS course for the final 9^th semester in the academic year 2020-2021. Thus, it is the case of the petitioners that they have remitted the entire fees for the MBBS course. Alleging that notwithstanding the payment, the petitioners are prevented from attending the classes for the 9^th semester, which commenced from 1-09-2021 on the ground that the petitioners have to remit an additional amount of Rs. 11,49,700/- each and the NRI fees applicable to one student, the petitioners were not included in the posting from 1-09-2021 to 18-1-

¶57

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021

¶58

¶59

2022 in the 6^th respondent college. In the said circumstances, the above Writ Petition was filed in which an interim order was passed directing the 6^th respondent to permit the petitioners to attend the clinical posting classes as scheduled as per Ext. P19 along with the other students re-allotted from the 5^th respondent college.

¶60

The 5^th respondent college despite service of notice did not appear to contest the Writ Petition. The 6^th respondent has filed a counter affidavit in which it was submitted that the petitioners were to undertake the II MBBS (3^rd , 4^th and 5^th semesters), III MBBSPart 1 (6^th and 7^th semesters), III MBBS-Part 2 (8^th and 9^th Semesters), and house surgency as a part of MBBS course in their College. It was also specifically contended that the petitioners were re-allotted to the 6^th respondent institution for joining from the 2^nd year onwards. It was submitted that the petitioners though had commenced the II MBBS course in the 5^th respondent institution, had to be given training for the entirety of the II MBBS course and not just the 5^th semester of the II year MBBS course on account of the lack of training given in the 5^th respondent college. In other words, to get the petitioners prepared for the screening test and the II MBBS examinations scheduled for February 2020, the 6^th respondent institution ensured that instruction

¶61

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021

¶62

¶63

was provided to cover the entirety of the II MBBS course between July 2019 and February 2020. The 6^th respondent college asserts that they had to do this on the basis of the instructions of the university as well. In short, the 6^th respondent college submits that they have only collected and demanded the fees for the study undertaken by the petitioners and imparted in their college and if the petitioners have made payment to the 5^th respondent college they will have to initiate steps for recovering the said amounts alleged to have been paid as fees towards the II MBBS class there from the said college and not to refrain from paying the fees to the re-allotted college.

¶64

Heard the learned counsel for the petitioners Sri. Rajit, the learned Counsel Sri. R.T. Pradeep for the 2^nd respondent., the learned counsel Sri. P.Sreekumar for the 3^rd respondent, Sri. Santhosh Mathew, the learned counsel for the 6^th respondent and the learned Senior Government Pleader.

¶65

Having considered the pleadings and the contentions of the

¶66

parties, it is clear that the petitioners were given training for the entire II MBBS course and not from the 5^th semester of the second year course in the 6^th respondent college. This fact is not disputed by

¶67

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021 9-

¶68

the petitioners and their only case is that for the same period they have effected payments to the 5^th respondent College as well and as such they are not liable to pay the same again to the 6^th respondent college. In as much as the petitioners do not dispute the fact that they received training for the entire II MBBS course from the 6^th respondent college, the said college cannot be deprived of the tuition fees for the training given. It may be true that as far as the petitioners are concerned, they have already remitted the fee for the same period to the 5^th respondent college. Under such circumstances, we have no hesitation to hold that the demand made by the 6^th respondent College for the fee from the petitioners for imparting instructions for the entire II MBBS course, cannot be said to be improper or illegal. We, therefore, repel the contentions of the petitioners that the 6^th respondent College is not entitled to collect the said fee from them.

¶69

Having held so, we have to consider the plight of the students who had, for no fault attributable to them, to make double payments for the same period of study to the 5^th respondent college as well as to the 6^th respondent college where they joined later.

¶70

The learned counsel for the petitioners would submit that the

¶71

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021 10-

¶72

State Government had issued the essentiality certificate to the 5^th respondent college whereby they have certified that it is their responsibility to take over the responsibility of the students admitted to the 5^th respondent college in case there is any problem in the running of the said college. A true copy of the essentiality certificate issued on behalf of the Government produced as Ext.P23 along with IA No. 1 of 2021 by the petitioners. The relevant clauses of the essentially certificate reads as follows:

¶73

“It is certified that:

¶74

(a) the applicant owns and manages 500 bedded hospital of Palakkad District.

¶75

(b) It is desirable to establish a Medical College in the public interest.

¶76

¶77

(d) All clinical materials as per Medical Council of India norms are available in the hospital

¶78

(e) The Management will share 50% of the total MBBS seats with Government to fill students from the list prepared by the Commissioner for Entrance Examinations, Kerala”

¶79

It is further certified that in case the applicant fails to create infrastructure for the Medical College as per Medical Council of India norms and fresh admissions are stopped by the Central Government, the State Government shall take over the responsibility of the students already admitted in the College with the permission of the Central Government”.

¶80

Thus, it is the contention on behalf of the petitioners that the

¶81

& 18363 of 2021 11-

¶82

State having indemnified and has taken over the responsibility of the students admitted to the 5^th respondent college as also the responsibility to pay their fees in the instant case as petitioners have already paid to the 5^th respondent college and it is their further submission that the State can resort the provisions of revenue recovery act to recover the amount so collected by the 5^th respondent college and to pay the same either to the petitioners or to the 6^th respondent College.

¶83

The learned Government Pleader would oppose this submission saying that the certification in the essentiality certificate that the responsibility is taken over cannot mean that the fee of the students are also to be paid by the Government, in the event of the 5^th respondent college not run properly. The learned Government Pleader further submits that the undertaking in the essentiality certificate can only mean that the State must bear the burden of accommodating the students in another institution and nothing more.

¶84

After giving anxious consideration to the rival contentions on this aspect, we are of the definite view that the responsibility of the State undertaken by them while issuing the essentiality certificate

¶85

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021 12-

¶86

cannot be permitted to be whittled down as though there is no responsibility at all. Essentiality Certificate is a mandatory requirement in terms of Section 10-A of the Indian Medical Council Act for the setting up of the college and the same is thus a quasi-judicial function exercised by the State Government which includes undertaking to take over the obligation of the private educational institutions in the event of that institution becoming incapable of imparting education. Such an undertaking on the part of the State Government being unequivocal and unambiguous actually legitimizes a medical college declaring it fit to impart medical education. Such an exercise cannot be taken lightly nor can the undertaking given be allowed to be watered down. The Government had issued the essentiality certificate regarding the desirability and feasibility of having the proposed college at the proposed location and also certifying that it had the necessary infrastructure to set up a new medical college. A certificate constitutes a solemn statement by an authority certifying certain conditions of things on which persons can act and assume that the certifying authority will indemnify in the case of an eventuality mentioned therein. We also notice that when a medical college is set up, two performance bank guarantees running into crores of rupees, depending on the intake of students as well as the infrastructure

¶87

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021 13-

¶88

facilities like the number of beds etc. in the hospital attached, from a Scheduled Commercial Bank valid for a period of 5 years are to be offered in favour of the Medical Council of India, New Delhi, by the proposed college. Thus, State can also explore the possibility of recovering the fee received by the fifth respondent college with the Medical Council of India (as it was described then) to make available the refund. Since the function of the State Government in granting essentiality certificate must be construed as a quasi-judicial function and it has a duty while issuing such a certificate to enquire and determine the existence of several factors, it cannot be said that the same is a mere formality for setting up of a new Medical College. If the State does not perform its function of issuing essentiality certificate with the care and responsibility as required under the Indian Medical Council Act, the Central Government and the Indian Medical Council, who are to act on the same could be misled by the credentials of the proposed medical college and if the institution does not have the infrastructure to conduct the medical course in the way it should, the effect would be to bring out half-baked doctors who cannot be let loose in the society dealing with the life of patients. The hapless students in the instant case should be protected by the Government that has the wherewithal to recover the amount from the 5^th

¶89

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021 14-

¶90

respondent college.

¶91

Government has authorised, as per order No. G.O. (Ms)No. 82/2021/H&FWD dated, Thiruvananthapuram, 3-4-2021, the Director of Medical Education (DME) as the Requisition Authority to initiate revenue recovery proceedings by placing requisition before the concerned District Collector, in terms of the provisions of the Revenue Recovery Act.

¶92

In the aforesaid circumstances, we direct the following:-

¶93

i) The petitioners shall pay the fees to the 6^th respondent College in instalments before the completion of their course.

¶94

ii) we also direct the Government (2^nd respondent) to initiate revenue recovery proceedings to recover the amounts paid by the petitioners as fee for the II year MBBS Course to the 5^th respondent college. If such amounts are not recovered within six months , the Government shall pay the amounts to the petitioners and then recover the said amounts from the 5^th respondent college pursuant to the revenue recovery proceedings against them.

¶95

Needless to state that the petitioners will be allowed to attend

¶96

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021

¶97

15-

¶98

the classes and to complete the course just as the other students similarly placed.

¶99

In the result, these Writ Petitions are allowed in part.

¶100

Sd/-A.K.JAYASANKARAN NAMBIAR, JUDGE

¶101

Sd/- MOHAMMED NIAS C.P.

JUDGE

ani/10-12-2021

/true copy/

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021

¶106

16-

¶107

APPENDIX OF WP(C) 18834/2021

¶108

PETITIONERS EXHIBIT:

¶109

Exhibit P1	A TRUE COPY OF THE ABOVE RECEIPT ISSUED BY THE 5TH RESPONDENT COLLEGE TO THE IST PETITIONER.
Exhibit P2	A TRUE COPY OF THE ABOVE RECEIPT ISSUED BY THE 5TH RESPONDENT COLLEGE TO THE 3RD PETITIONER.
Exhibit P3	A TRUE COPY OF THE RECEIPT DATED 12.6.2018 WHICH IS IN THE POSSESSION IN RESPECT OF THE 2ND YEAR MBBS COURSE OF THE IST PETITIONER.
Exhibit P4	A TRUE COPY OF THE ABOVE RECEIPT DATED 14.11.2017 AND 19.3.2018 ISSUED BY THE 5TH RESPONDENT COLLEGE TO THE 3RD PETITIONER IN RESPECT OF THE 2ND YEAR MBBS COURSE.
Exhibit P5	A TRUE COPY OF THE RECEIPT DATED 15.2.2019.
Exhibit P6	A TRUE COPY OF THE JUDGMENT DATED 23.7.2019 IN WPC NO.24826 OF 2018 OF THIS HON'BLE HIGH COURT.
Exhibit P7	A TRUE COPY OF THE RECEIPT ISSUED TO THE IST PETITIONER BY THE 6TH RESPONDENT COLLEGE DATED 22.7.2019
Exhibit P8	A TRUE COPY OF THE RECEIPT ISSUED TO THE 2ND PETITIONER BY THE 6TH RESPONDENT COLLEGE DATED 15.7.2019.
Exhibit P9	A TRUE COPY OF THE RECEIPT ISSUED TO THE 3RD PETITIONER BY THE 6TH RESPONDENT COLLEGE DATED 17.7.2019, 18.7.2019, 23.7.2019, 19.9.2019, 11.10.2019.
Exhibit P10	A TRUE COPY OF THE RECEIPT ISSUED TO THE IST PETITIONER BY THE 6TH RESPONDENT COLLEGE IN RESPECT OF TUITION FEES FOR THE 3RD YEARS MBBS COURSE DATED 29.7.2020 AND 15.1.2021.
Exhibit P11	A TRUE COPY OF THE RECEIPT DATED 29.7.2020 ISSUED TO THE 2ND PETITIONER BY THE 6TH RESPONDENT COLLEGE IN RESPECT OF TUITION FEES FOR THE 3RD YEAR MBBS COURSE.
Exhibit P12	A TRUE COPY OF THE RECEIPT ISSUED TO THE 3RD PETITIONER DATED 5.8.2020, 24.9.2020, 31.10.2020 & 1.1.2021 BY THE 6TH RESPONDENT COLLEGE IN RESPECT OF TUITION FEES FOR THE 3RD YEAR MBBS COURSE.
Exhibit P13	A TRUE COPY OF THE RECEIPT ISSUED TO THE IST PETITIONER BY THE 6TH RESPONDENT COLLEGE DATED 11.8.2021, 16.8.2021, 26.8.2021 IN RESPECT OF

¶110

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021

¶111

17-

¶112

	TUITION FEES FOR THE 3RD YEAR MBBS COURSE.
Exhibit P14	A TRUE COPY OF THE RECEIPT ISSUED TO THE	2ND
	PETITIONER DATED 9.8.2021, 1.9.2021 BY THE RESPONDENT COLLEGE IN RESPECT OF TUITION FEES THE 4TH YEAR MBBS COURSE.	6TH FOR
Exhibit P15	A TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER BY THE 6TH RESPONDENT COLLEGE	3RD IN
	RESPECT OF TUITION FEES FOR THE 4TH YEAR M COURSE DATED 11.8.2021.	BBS
Exhibit P16	A TRUE COPY OF THE TIME TABLE ISSUED BY THE RESPONDENT DATED 31.8.2021.	6TH
Exhibit P17	A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER.	IST
Exhibit P18	A TRUE COPY OF THE E-MAIL COMMUNICATION ALONG W ATTACHMENTS REPRESENTED BY THE 2ND PETITIO BEFORE THE 7TH RESPONDENT.	ITH NER
Exhibit P19	A TRUE COY OF THE TIME TABLE ISSUED BY THE RESPONDENT.	6TH
Exhibit P20	A TRUE COPY OF THE INTERIM ORDER DATED 8.9.2021 WPC NO.18363/2021 OF THIS HON'BLE HIGH COURT. 6TH RESPONDENTS EXTS:	IN
EXT. R6A:	TRUE COPY OF THE PROCEEDINGS DATED 1-7-2019 ISS BY THE VICE PRINCIPAL OF THE 5TH RESPOND INSTITUTION TO THE 6TH RESPONDENT INSTITUTION	UED ENT
EXT. R6B:	TRUE COPY OF THE LETTER DATED 17-10-2019 ISSUED THE 5TH RESPONDENT INSTITUTION TO THE RESPONDENT UNIVERSITY	BY 3RD
EXT. R6C:	TRUE COPY OF THE LETTER DATED 31-10-2019 ISSUED R3 UNIVERSITY TO THE 6TH RESPONDENT	BY
EXT. R6D:	TRUE COPY OF THE LETTER DATED 26-6-2019 ISSUED THE DIRECTOR OF MEDICAL EDUCATION TO UNIVERISITY, CONTAINING THE MINUTES OF THE MEET HELD ON 22-6-2019	BY R3 ING

¶113

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021

¶114

18-

¶115

APPENDIX OF WP(C) 18363/2021

¶116

PETITIO Exhibit	NER EX P1	HIBITS A TRUE COPY OF THE RESPONDENT COLLEGE	RECEIPT ISSUED BY THE 5TH DATED 28.09.2016.
Exhibit	P2	A TRUE COPY OF THE RESPONDENT COLLEGE	RECEIPT ISSUED BY THE 5TH DATED 28.09.2016.
Exhibit	P3	A TRUE COPY OF THE AND 24.07.2017 IN RS.11,00,000/- (RUP TUITION FEES) REMIT	RECEIPT DATED 10.05.2017 RESPECT OF THE FEES OF EES ELEVEN LAKHS ONLY) (AS TED BY THE 1ST PETITIONER.
Exhibit	P4	A TRUE COPY OF THE IN RESPECT OF ADD (RUPEES FIFTY ONE ONLY) REMITTED BY T	RECEIPT DATED 16.11.2017 ITIONAL FEES RS.51,400/- THOUSAND AND FOUR HUNDRED HE 1ST PETITIONER.
Exhibit	P5	A TRUE COPY OF THE IN RESPECT OF THE (RUPEES ELEVEN LAKH REMITTED BY THE 2ND	RECEIPT DATED 22.07.2017 FEES OF RS.11,00,000/- S ONLY) (AS TUITION FEES) PETITIONER.
Exhibit	P6	A TRUE COPY OF THE IN RESPECT OF ADD (RUPEES FIFTY ONE ONLY) REMITTED BY T	RECEIPT DATED 23.03.2018 ITIONAL FEES RS.51,400/- THOUSAND AND FOUR HUNDRED HE 2ND RESPONDENT.
Exhibit	P7	A TRUE COPY OF THE IN WPC NO.24878 OF 2018 OF THIS HON'BL	JUDGMENT DATED 23.07.2019 2018 & WPC NO.24826 OF E HIGH COURT.
Exhibit	P8	A TRUE COPY OF THE PETITIONER BY THE DATED 15.07.2019.	RECEIPT ISSUED TO THE 1ST 6TH RESPONDENT COLLEGE
Exhibit	P9	A TRUE COPY OF THE PETITIONER BY THE DATED 15.07.2019.	RECEIPT ISSUED TO THE 2ND 6TH RESPONDENT COLLEGE
Exhibit	P10	A TRUE COPY OF THE PETITIONER BY THE RESPECT OF TUITION	R4CEIUPT ISSUED TO THE 1ST 6TH RESPONDENT COLLEGE IN FEES DATED 22.07.2020.
Exhibit	P11	A TRUE COPY OF THE PETITIONER BY THE RESPECT OF ADDITION	RECEIPT ISSUED TO THE 1ST 6TH RESPONDENT COLLEGE IN AL FEES DATED 27.07.2020.
Exhibit	P12	A TRUE COPY OF THE PETITIONER BY THE RESPECT OF TUITION	RECEIPT ISSUED TO THE 2ND 6TH RESPONDENT COLLEGE IN FEES DATED 29.-07.2020.

¶117

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021 19-

¶118

Exhibit P13	A TRUE COPY OF THE PETITIONER BY THE RESPECT OF ADDITION	RECEIPT ISSUED TO THE 2ND 6TH RESPONDENT COLLEGE IN AL FEES DATED 02.01.2021.
Exhibit P14	A TRUE COPY OF THE PETITIONER BY THE RESPECT OF TUITION 22.07.2021.	RECEIPT ISSUED TO THE 1ST 6TH RESPONDENT COLLEGE IN FEES DATED 21.07.2021 AND
Exhibit P15	A TRUE COPY OF THE PETITIONER BY THE RESPECT OF ADDITION	RECEIPT ISSUED TO THE 1ST 6TH RESPONDENT COLLEGE IN AL FEES DATED 22.07.2021.
Exhibit P16	A TRUE COPY OF THE PETITIONER BY THE RESPECT OF TUITION	RECEIPT ISSUED TO THE 2ND 6TH RESPONDENT COLLEGE IN FEES DATED 15.07.2021.
Exhibit P17	A TRUE COPY OF THE PETITIONER BY THE RESPECT OF ADDITION	RECEIPT ISSUED TO THE 2ND 6TH RESPONDENT COLLEGE IN AL FEES DATED 12.08.2021.
Exhibit P18	A TRUE COPY OF A PETITIONER'S FEE ST	CHART IN RESPECT OF THE RUCTURE.
Exhibit P19	A TRUE COPY OF THE THE 6TH RESPONDENT	ABOVE TIME TABLE ISSUED BY DATED 31.08.,2021.
Exhibit P20	A TRUE COPY OF TH THE 1ST PETITION 02.09.2021.	E REPRESENTATION FILED BY ER DATED 01.09.2021 &
Exhibit P21	A TRUE COPY OF THE WITH ATTACHMENTS	E-MAIL COMMUNICATION ALONG REPRESENTED BY THE 2ND
	PETITIONER BEFORE 06.09.2021.	THE 7TH RESPONDENT DATED
Exhibit P22	A TRUE COPY OF THE 6TH RESPONDENT DATE	TIME TABLE ISSUED BY THE D -06.09.2021.
Exhibit P23	TRUE COPY OF THE	ESSENTIALITY CERTIFICATE
	ISSUED BY THE 2N RESPONDENT DATED 07	D RESPONDENT TO THE 5TH /07/2018

¶119

6TH RESPONDENTS EXTS:

¶120

EXT. R6A:	TRUE COPY	OF THE PROCEEDINGS DATED 1-7-2019
	ISSUED BY	THE VICE PRINCIPAL OF THE 5TH
	RESPONDENT	INSTITUTION TO THE 6TH RESPONDENT
	INSTITUTION

¶121

W.P. (C) Nos. 18834 of 2021 & 18363 of 2021

¶122

20-

¶123

EXT. R6B: TRUE COPY OF THE LETTER DATED 17-10-2019 ISSUED BY THE 5TH RESPONDENT INSTITUTION TO THE 3RD RESPONDENT UNIVERSITY EXT. R6C: TRUE COPY OF THE LETTER DATED 31-10-2019 ISSUED BY R3 UNIVERSITY TO THE 6TH RESPONDENT EXT. R6D: TRUE COPY OF THE LETTER DATED 26-6-2019 ISSUED BY THE DIRECTOR OF MEDICAL EDUCATION TO R3 UNIVERISITY, CONTAINING THE MINUTES OF THE MEETING HELD ON 22-6-2019

Najma v. Union of India

Case brief

What is this about?

What did the court decide?

Najma v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dr.Jitha G. Vs the Cochin University of Science and Technology

Mercy Suja P.A Vs the State of Kerala

State of Kerala Vs Bharathan V.P.

Alisha.a.B., Vs Union of India

Sobha .T.K Vs the State of Kerala

Beijith R.S Vs State of Kerala