Allowed

B.Ed Colleges Managers Association v. State of Kerala

Kerala HC9 Nov 2021WP(C)/23432/2021

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of writ petitions filed by self-financing B.Ed college associations challenging the State Government's refusal to accept fee enhancement recommendations. The Court set aside the impugned government orders and permitted colleges to collect the enhanced fees recommended by the expert committee effective 01.01.2022.

What did the court decide?

The impugned Government Orders rejecting the committee's recommendations were set aside, permitting petitioners to collect enhanced fees from 01.01.2022.

B.Ed Colleges Managers Association Vs State of Kerala — Service and Employment | Kerala HC (2021)

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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.K.JAYASANKARAN NAMBIAR

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¶5

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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TUESDAY, THE 9^TH DAY OF NOVEMBER 2021/18TH KARTHIKA, 1943

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W.P(C).NO.23432 OF 2021

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PETITIONER:

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B.ED COLLEGES MANAGERS ASSOCIATION SELF FINANCING, BCMA-SF), REG.NO.KLM/TC/62/2020, CENTRAL COMMITTEE OFFICE, T.C.25/168(8), PANAYARAVILAKAM, PULIMOODU, THIRUVANANTHAPURAM - 695 001 REPRESENTED BY ITS GENERAL SECRETARY, MONY.

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BY ADVS.SRI.K.MOHANAKANNAN

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SRI.H.PRAVEEN (KOTTARAKARA)

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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3 UNIVERSITY OF KERALA

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S.H.CAMPUS, PALAYAM, THIRUVANANTHAPURAM - 695 034 REPRESENTED BY ITS REGISTRAR.

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BY SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL BY SRI.JIBU T.S., GOVERNMENT PLEADER BY SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2021 ALONG WITH W.P(C).NO.23209/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.23432/2021 & :: 2 :: W.P.(C).No.23209/2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

¶22

THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR

¶23

¶24

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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TUESDAY, THE 9^TH DAY OF NOVEMBER 2021/18TH KARTHIKA, 1943

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W.P(C).NO.23209 OF 2021

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PETITIONERS:

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1 SELF-FINANCING TEACHER EDUCATION MANAGEMENT ASSOCIATION REGISTERED OFFICE AT MCT TRAINING COLLEGE, MELMURI, MALAPPURAM DISTRICT-676 514, REPRESENTED BY THE GENERAL SECRETARY.

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2 ORIENTAL COLLEGE OF TEACHER EDUCATION POONATH POST, NADUVANOOR, CALICUT-673 614, REPRESENTED BY ITS MANAGER.

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BY ADV.SRI.GEORGE POONTHOTTAM (SR.) BY ADV.SMT.NISHA GEORGE BY ADV.SRI.VISHNU B.KURUP

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RESPONDENTS:

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1 (STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.)CORRECTION

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*THE ADDRESS OF THE 1ST RESPONDENT OCCURRING IN THE CAUSE-TITLE IS CORRECTED AS: 'STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001'

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W.P.(C).No.23432/2021 & :: 3 :: W.P.(C).No.23209/2021

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AS PER ORDER DATED 01.11.2021 IN I.A NO.1/2021 IN W.P(C).NO.23209/2021.

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2 LBS CENRE FOR SCIENCE AND TECHNOLOGY NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM-695 033, REPRESENTED BY THE DIRECTOR.

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BY SRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL BY SRI.JIBU T.S., GOVERNMENT PLEADER BY SMT.SHAMEENA SALAHUDHEEN, SC, LBS CENTRE FOR SCIENCE AND TECHNOLOGY

¶38

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2021 ALONG WITH W.P(C).NO.23432/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.23432/2021 & :: 4 :: W.P.(C).No.23209/2021

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J U D G M E N T

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A.K. Jayasankaran Nambiar, J.

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The petitioners in these writ petitions are Associations of Self Financing Teacher Education Colleges that are affiliated to the Kannur University, Mahatma Gandhi University and Kerala University. The grievance projected in the writ petitions is essentially with regard to the refusal by the State Government to accept the recommendations of a Committee that was constituted by it to examine the claim for enhancement of fees to be collected from students attending the B.Ed courses in the petitioner Colleges. The Committee itself came to be constituted pursuant to the judgment of this Court in W.P.(C).No.19545/2020, and the Committee, that met on 3.8.2021, discussed the matter in detail after hearing the representatives of the Self Financing Colleges. After taking into consideration the circumstances whereby there had been no increase in the fees for the last many years, but there was an increase in the establishment charges of the Institutions

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W.P.(C).No.23432/2021 & :: 5 :: W.P.(C).No.23209/2021

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during the said years, the Committee recommended for a hike in the annual fee to Rs.45,000/- for the 50% merit students, and to Rs.60,000/- for the remaining 50% management students of the Self Financing B.Ed Colleges. The increase was from the uniform fee of Rs.29,000/- that was permitted to be collected from students under both the 50% merit quota as also 50% management quota in the past. As already noted, the recommendations of the Committee were not accepted by the Government, which, by the orders impugned in these writ petitions, maintained that on account of the Covid pandemic situation that prevailed in the State, and affected the earning capacity of its people, the Government had decided not to permit an increase in fee for the current academic year.

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Through a statement filed on behalf of the Government, it is pointed out that the Government order dated 17.6.2021, that restrained all Higher Education Institutions in the State from increasing their existing fee structure, was issued taking into account the continued spread of Corona virus and the resultant financial difficulties faced by the families, as also to uphold the interests of the student community. The decision was apparently taken by the Government taking into account the present social

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W.P.(C).No.23432/2021 & :: 6 :: W.P.(C).No.23209/2021

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realities in the State, and the Government expected the educational agencies to co-operate with it in implementing the said decision.

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We have heard Sri.George Poonthottam, the learned senior counsel, duly assisted by Adv.Sri.Vishnu B. Kurup, for the petitioners in W.P.(C).No.23209/2021, Sri.Mohana Kannan, the learned counsel for the petitioner in W.P.(C).No.23432/2021 as also Sri.Asok M. Cherian, the learned Addl. Advocate General, duly assisted by Sri.Jibu T.S., the learned Government Pleader for the State Government. We have also heard Smt.Shameena Salahudheen, the learned Standing counsel for the LBS Centre for Science and Technology, who submits that the LBS Centre is no longer entrusted with the task of making allotments to the colleges, and hence they are unnecessary parties in the writ petitions.

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On a consideration of the facts and circumstances of the case as also the submissions made across the bar, we find that once the State Government had constituted an expert committee to consider the claim for enhancement of fees preferred by the petitioner colleges, and the said committee had made recommendations taking note of the social realities existing

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W.P.(C).No.23432/2021 & :: 7 :: W.P.(C).No.23209/2021

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pursuant to the pandemic situation prevailing in the state, it was incumbent upon the State to show valid reasons for rejecting the recommendations of the expert committee. The Committee itself was constituted pursuant to directions issued by this Court to the State Government, and the Committee so constituted comprised of experts in the field of Higher Education including the Additional Chief Secretary, the Vice Chancellor of the Mahatma Gandhi University and the Deputy Director of Collegiate Education. The relevant extract from the minutes of the meeting of the Committee that is produced before us as Ext.P16 in W.P.(C).No.23209/2021, reads as follows:

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“1. After hearing the petitioners, the committee discussed the matter in detail and taking into consideration the circumstances that there have been no increase in fees for the last many years and the increase in the establishment charges of the institutions during these years and the spirit of the Government Order directing not to increase any kind of fees in self financing colleges during 2021-22, has decided to recommend for an annual fee of Rs.45,000/- to the 50% merit students and Rs.60,000/- for the remaining 50% Management students of the self financing B.Ed Colleges.

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The Committee also considered the proposal dated 21.04.2021 of the Registrar, MG University for fixing the fee structure of the new generation, inter disciplinary courses sanctioned during 2020-21 and decided that University shall suggest suitable fee structure for the programmes for consideration of Government.

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W.P.(C).No.23432/2021

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& :: 8 :: W.P.(C).No.23209/2021

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The Committee considered the request dated 17.10.2020 of the Principal, MACFAT, Thiruvalla for fixing the fee structure for Msc Bio Nanotechnology and the Committee decided to recommend an amount of Rs.45,000/- per semester for the course.”

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We find the recommendations made by the Committee to be reasonable especially when we find that there had been no enhancement of fee since 2008. The Government Order that rejects the recommendations of the Committee, does not state any valid reason for the same except for stating generally that in view of the pandemic situation in the State a revision of fees at this stage would not be desirable. We cannot, however, ignore the fact that, after a long spell of restrictions imposed in connection with the pandemic situation, the State Government itself has taken steps for lifting those restrictions, with a view to restore the status quo ante and to enable its citizens to resume their economic activities. In the wake of these developments, it would be incongruous to not permit educational agencies in the State to collect reasonable fees commensurate with the expenses incurred by them in providing educational services. To strike a balance between the competing interests of the educational agencies and the student community, we feel the educational agencies can be permitted to collect the

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W.P.(C).No.23432/2021 & :: 9 :: W.P.(C).No.23209/2021

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enhanced fee recommended by the expert committee for the academic year 2021-2022 with effect from 01.01.2022. In other words, while we set aside the impugned Government Orders that reject the recommendation of the expert committee, and permit the petitioners herein to collect the enhanced fees recommended by the committee for the academic year 2021-2022, the petitioners shall ensure that the enhanced fee is collected only for the instructions imparted to students after 01.01.2022 for the academic year 20212022.

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The writ petitions are disposed as above.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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Sd/MOHAMMED NIAS C.P. JUDGE

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prp/10/11/21

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W.P.(C).No.23432/2021 & :: 10 :: W.P.(C).No.23209/2021

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APPENDIX OF W.P(C).NO.23432/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1: TRUE COPY OF THE LIST OF MEMBERS OF PETITIONERS ASSOCIATION.

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EXHIBIT P2: TRUE COPY OF THE JUDGMENT DATED 29/9/2020 IN WRIT PETITION NO.19545/2020.

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EXHIBIT P3: TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.22322/2020 DATED 20/10/2020.

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EXHIBIT P4: TRUE COPY OF THE JUDGMENT DATED 8/12/2020 IN WRIT PETITION NO.27307/2020.

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EXHIBIT P5: TRUE COPY OF THE ORDER PASSED IN COC 723/2021 DATED 4/8/2021 IN WRIT PETITION NO.27307/2020.

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EXHIBIT P6: TRUE COPY OF THE GO(RT) 912/2021/H.EDN. DATED 14/7/2021.

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EXHIBIT P7: TRUE COPY OF THE GOVERNMENT LETTER NO.B3/161/2021/H.EDN. DATED 30/7/2021.

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EXHIBIT P8: TRUE COPY OF THE GO(RT) NO.1071/2021/H.EDN. DATED 16/8/2021.

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EXHIBIT P9: TRUE COPY OF THE HEARING NOTE SUBMITTED BEFORE THE EXPERT COMMITTEE.

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EXHIBIT P10: TRUE COPY OF THE MINUTES OF THE MEETING OF THE EXPERT COMMITTEE.

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EXHIBIT P11: TRUE COPY OF THE GOVERNMENT ORDER GO(MS) 1357/2021/H.EDN. DATED 12/10/2021.

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EXHIBIT P12: TRUE COPY OF THE SCHEDULE OF B.ED. ADMISSION

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W.P.(C).No.23432/2021 & :: 11 :: W.P.(C).No.23209/2021

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PUBLISHED BY THE UNIVERSITY OF KERALA.

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APPENDIX OF W.P.(C).NO.23209/2021

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PETITIONERS EXHIBITS:

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EXHIBIT P1: TRUE COPY OF THE LIST OF MEMBER COLLEGES IN THE IST PETITIONER ASSOCIATION.

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EXHIBIT P2: TRUE COPY OF THE RELEVANT PORTION OF THE WEBSITE CONTAINING THE FEE STRUCTURE NOTIFIED BY THE COLLEGES IN THE STATE OF KARNATAKA, FOR AN YEAR.

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EXHIBIT P3: TRUE COPY OF THE FEE STRUCTURE FOR THE B.ED COURSE NOTIFIED BY ANNAMALAI UNIVERSITY.

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EXHIBIT P4: TRUE COPY OF THE FEE STRUCTURE FOR THE B.ED COURSE NOTIFIED BY THE TAMILNADU GOVERNMENT.

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EXHIBIT P5: TRUE COPY OF THE G.O.(RT) NO.1975/2020/G.EDN DATED 15.6.2020.

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EXHIBIT P6: TRUE COPY OF THE REPRESENTATION DATED 25.6.2020 GIVEN TO THE GOVERNMENT BY THE UNAIDED TRAINING COLLEGE MANAGEMENT ASSOCIATION.

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EXHIBIT P7: TRUE COPY OF THE REPRESENTATION DATED 23.7.2019 GIVEN TO THE GOVERNMENT BY THE KERALA STATE SELF FINANCING TEACHER EDUCATION COLLEGES MANAGERS' ASSOCIATION.

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EXHIBIT P8: TRUE COPY OF THE W.P.(C).NO.19545 OF 2020, WITHOUT EXHIBITS, FILED BY THE PETITIONERS BEFORE THIS HON'BLE COURT ON 22.9.2020.

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EXHIBIT P9: TRUE COPY OF THE STATEMENT IN W.P.(C).NO.19545 OF 2020 WITH ANNEXURES FILED BY THE IST RESPONDENT BEFORE THIS HON'BLE COURT ON 28.9.2020.

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W.P.(C).No.23432/2021 & :: 12 :: W.P.(C).No.23209/2021

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EXHIBIT P10: TRUE COPY OF THE JUDGMENT DATED 29.9.2020 IN W.P.(C).NO.19545 OF 2020 PASSED BY THIS HON'BLE COURT.

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EXHIBIT P11: TRUE COPY OF THE JUDGMENT DATED 8.12.2020 IN W.P.(C).NO.27307 OF 2020 PASSED BY THIS HON'BLE COURT.

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EXHIBIT P12: TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(RT) NO.800/2021/HED DATED 17.6.2021.

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EXHIBIT P13: TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(RT) NO.912/2021/HEDN DATED 14.7.2021.

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EXHIBIT P14: TRUE COPY OF THE INTERIM ORDER DATED 4.8.2021 IN CON.CASE.(C).NO.723 OF 2021 PASSED BY THIS HON'BLE COURT.

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EXHIBIT P15: TRUE COPY OF THE COMMUNICATION NO.B3/161/2021HEDN DATED 30.7.2021 ISSUED BY THE GOVERNMENT.

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EXHIBIT P16: TRUE COPY OF THE REPORT OF THE COMMITTEE SO CONSTITUTED FOR FIXING THE FEES OF THE SELF-FINANCING B.ED COLLEGES, DATED NIL.

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EXHIBIT P17: TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(RT) NO.1357/2021/HEDN DATED 12.10.2021.

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RESPONDENTS EXHIBITS: NIL.

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//TRUE COPY//

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P.S. TO JUDGE

B.Ed Colleges Managers Association v. State of Kerala

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B.Ed Colleges Managers Association v. State of Kerala

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