Allowed

Ramin Mohamood v. the State of Kerala

Kerala HC23 Sept 2021WP(C)/3113/2021

Case brief

AI extract

What is this about?

In a writ petition seeking tuition fee waiver and release of academic certificates, the High Court directed the petitioner to pay a reduced sum of Rs. 25,000 in full and final settlement. Upon payment, the respondent college was ordered to release the withheld certificates.

What did the court decide?

The petitioner shall pay Rs. 25,000 in full and final settlement; upon payment, the college must release the 10th, 12th, and course completion certificates.

Ramin Mohamood Vs the State of Kerala — Pension and Retirement Benefits | 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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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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THURSDAY, THE 23^RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943 WP(C) NO. 3113 OF 2021

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PETITIONER:

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RAMIN MOHAMOOD AGED 22 YEARS S/O. MAHAMOOD PA, SALMAS HOUSE, BEACH ROADKOZHIKODE-673 008.

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BY ADVS. SRI.NIRMAL. S SMT.VEENA HARI

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, MINISTRY OF HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.

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2 THE FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES ERNAKULAM OFFICE, RAM MOHAN PALACE, OLD HIGH COURT BUILDING, ERNAKULAM-682 031, REPRESENTED BY ITS CHAIRMAN.

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3 THE CHAIRMAN FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES, ERNAKULAM OFFICE, RAM MOHAN PALACE, OLD HIGH COURT BUILDING, ERNAKULAM-682 031.

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4 THE COMMISSIONER OF ENTRANCE EXAMINATION 5TH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.

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WP(C).No.3113 of 2021

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5 THE PRINCIPAL AWH ENGINEERING COLLEGE, KUTTIKKATTOOR, CALICUT-673 008.

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BY SR GOVT. PLEADER SRI.PREMCHAND R NAIR. BY ADV.SRI.R.SURENDRAN BY ADV.SMT.S.MAYUKHA BY ADV.SRI.R.T.PRADEEP, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3113 of 2021

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JUDGMENT

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Mohammed Nias C.P., J.

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The petitioner herein, admitted under the State merit quota has completed his B.Tech Course in Electrical and Electronics Engineering from the 5^th respondent college. He submits that his father is a local trader earning approximately Rs.5,000/- per month, and further submits that he belongs to the non-creamy layer category and that he is entitled to get the benefit of the Tuition Fee Waiver Scheme. At the time of admission, a wrong entry was made with respect to the annual family income, which was later corrected vide Ext. P3 certificate. In spite of the corrected certificate being given, the 4^th and 5^th respondents are not giving the concession, to which he is entitled. Pleading the above, the Writ Petition was filed with the following reliefs:

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“i. Issue a writ of mandamus directing the respondents to extend the benefit of Tuition Waiver Scheme as per Ext.P4 G.O and Ext.P5 scheme to the petitioner and to waive the balance amount due from the petitioner.

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ii. Issue a writ of mandamus directing the 4^th respondent to consider Ext.P11 representation at the earliest.

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iii. Issue a writ of mandamus directing the 5^th respondent to release the 10^th , 12^th and course completion

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WP(C).No.3113 of 2021

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certificate of the petitioner herein and all other documents retained by the 5^th respondent college.

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iv. Issue any other writ, order, or direction this Hon'ble Court deems fit to grant under the fact and circumstances of this case.”

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While issuing notice on 26.02.2021, this Court directed the District Collector, Kozhikode to cause an enquiry to be made with regard to the annual family income of the petitioner and to submit a report clearly stating the annual family income of the petitioner. This was to ascertain the petitioner's entitlement to the benefit of the Tuition Fee Waiver Scheme. Accordingly, a report was filed by the District Collector stating that though the family has a property measuring seven cents of land, no income is received from the same, and that, the father of the petitioner is running a partnership business earning only less than Rs.1,00,000/- as annual income. It is also stated in the report that the petitioner's mother is unemployed.

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The petitioner would submit that in view of the corrected statement showing the family income as well as the report filed by the District Collector pursuant to the order of this Court he is entitled to get the benefit of fee concession.

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The 5^th respondent has filed a counter affidavit pointing out

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WP(C).No.3113 of 2021

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that the petitioner cannot be considered for any fee concession as there was no such request at the time of admission, and that the Commissioner of Entrance Examinations also has not granted any such benefit. The Village Officer's Report produced in 2016 showed an annual income of Rs.1,80,000/-, on the basis of which, the petitioner was declined fee concession. He also submits that that the college has only admitted students on the basis of the list forwarded by the Commissioner of Entrance Examinations.

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We heard the learned counsel on either side.

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Taking note of the fact that the petitioner had admittedly not claimed the benefit of fee concession/waiver in the application form submitted to the 5^th respondent college, the stand of the latter cannot be said to be unreasonable. We find, however, that in Ext.P4 G.O there is a provision for extending concessions to students who paid a higher fee at the time of admission but who were later found to be entitled for such concessions. Taking note of the said provision as also the passage of time and the continued impecunity of the petitioner, we feel that notwithstanding the absence of any legal right in the petitioner to claim fee concessions, the ends of justice would require us to reduce the amount determined as outstanding to the 5^th respondent college.

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WP(C).No.3113 of 2021

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When the matter came up for consideration on 22.09.2021, we put it to the learned counsel for the petitioner whether they were willing to pay a portion of the amount towards balance fee payable, namely Rs.72,200/-, said to be balance according to the 5^th respondent college. We adopted such a course taking into account Ext.P3 certificate issued by the Village Officer as well as the report of the District Collector mentioned above. It is brought to our notice that the certificates of the petitioner have also been withheld by the college for non-payment of the balance fee. To our suggestion, the learned counsel for the 5^th respondent college expressed their inability to make any concession stating that presently the college is being administered by a Receiver appointed by the civil court. On an anxious consideration, we feel that at this distance of time, the petitioner having successfully completed the course and the fact that his annual income is shown to be Rs.1,00,000/-, we deem it appropriate to show some indulgence given the peculiar circumstances. We make it clear that this cannot be treated as a precedent in future. Accordingly, we direct the petitioner to make a payment of Rs.25,000/- (Rupees twenty five thousand only) in full and final settlement of the claim of the 5^th respondent college within a period of one month from today and on making such payment the 5^th respondent college shall forthwith handover the 10^th , 12^th and the course completion certificate of the petitioner and all the other

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WP(C).No.3113 of 2021

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documents, if any, retained by the College. We make it clear that while issuing this direction, we have also taken into account the difficulties that would be faced by the college in realising the amount from the petitioner as also the necessity for averting a long drawn litigation.

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The Writ Petition is disposed as above.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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Sd/-

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MOHAMMED NIAS C.P. JUDGE

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mns

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WP(C).No.3113 of 2021

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APPENDIX OF WP(C) 3113/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE DATED	COPY OF THE 2.7.2016.	DATA SHEET OF THE CANDIDATE
EXHIBIT P2	TRUE 10.7.	COPY OF 2016.	THE ALLOTMENT MEMO DATED
EXHIBIT P3	TRUE 4.7.2	COPY OF TH 018.	E INCOME CERTIFICATE DATED
EXHIBIT P4	TRUE DATED	COPY OF T 30.6.2016.	HE G.O(MS)NO.155/2016/H.EDU
EXHIBIT P5	TRUE DATED	COPY OF THE 28.7.2011.	CIRCULAR NO.1-MS/AICTE/2011
EXHIBIT P6	TRUE THE 5	COPY OF THE TH RESPONDEN	LETTER DATED 31.3.2018, BY T TO THE PETITIONER HEREIN.
EXHIBIT P7	TRUE 14.9.	COPY OF 2018.	THE REPRESENTATION DATED
EXHIBIT P8	TRUE RESPO	COPY OF NDENT DATED	THE REPLY LETTER BY 4TH 9.11.2018.
EXHIBIT P9	TRUE	COPY OF THE	LIST OF CANDIDATES.
EXHIBIT P10	TRUE	COPY OF THE	LETTER DATED 6.1.2021.
EXHIBIT P11	TRUE	COPY OF THE	LETTER DATED 13.1.2021.
EXHIBIT P12	TRUE	COPY OF	THE REPRESENTATION DATED

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WP(C).No.3113 of 2021

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13.1.2021.

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A TO JUDGE

Ramin Mohamood v. the State of Kerala

Case brief

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Ramin Mohamood v. the State of Kerala

Case brief

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