The Court dismissed the High Court's appeal against a fee reimbursement order, directing the State to reimburse a minority college for fees not collected from Centralised Allotment Process candidates.
Directed respondents 1 to 3 to reimburse the petitioner whole fees related to SC/ST/OEC candidates allotted through CAP by the University within two months.
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 MR.JUSTICE N.NAGARESH
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943 WP(C) NO. 10661 OF 2020
PETITIONER:
THE CHAIRMAN, AL-AZAR COLLEGE OF ARTS AND SCIENCES, EZHALLOOR, THODUPUZHA 685 605.
BY ADVS. SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.P.M.SANEER SRI.TONY GEORGE KANNANTHANAM
RESPONDENTS:
BY GOVERNMENT PLEADER SMT. LATHA T. THANKAPPAN SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2022, ALONG WITH Con.Case(C).1613/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.10661/2020 & COC.1613/2021
: 2 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
CON.CASE(C) NO. 1613 OF 2021
AGAINST THE ORDER/JUDGMENT IN WP(C) 10661/2020 OF HIGH COURT OF KERALA
PETITIONER:
THE CHAIRMAN,
AL-AZHAR COLLEGE OF ARTS AND SCIENCE, EZHALLOOR, THODUPUZHA, PIN-685 605.
BY ADVS. P.M.SANEER TONY GEORGE KANNANTHANAM
RESPONDENTS:
PUNEETH KUMAR IAS PRINCIPAL SECRETARY TO GOVERNMENT, SCHEDULED CASTE AND SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
BY SMT.LATHA T THANKAPPAN, SPL.GP (SC/ST)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2022, ALONG WITH WP(C).10661/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.10661/2020 & COC.1613/2021
: 3 :
N. NAGARESH, J.
W.P.(C) No.10661 of 2020 and
Contempt of Court Case (Civil) No.1613 of 2021
Dated this the 11th day of January, 2022
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The petitioner, Chairman of an Unaided Arts and
Science College belonging to a religious minority, is before this Court seeking the following reliefs:
(i) To issue a writ of Mandamus or other appropriate order or direction to direct respondents 1 to 3 to disburse to the petitioner the whole fees in relation to the entire SC/ST/OEC candidates allotted to petitioner's College through the CAP by the 5th respondent University, without any further delay.
(ii) To declare that all the SC/ST/OEC students admitted in petitioner's College are entitled to fees other students were liable to pay to the college; right from the inception of the CAP in 2007.
(iii) To declare that neither the State nor the University is competent, authorised or entitled to insist upon reservation of any seats in petitioner's College from 2020 onwards.
W.P.(C) No.10661/2020 & COC.1613/2021 : 4 :
(iv) To issue a writ of mandamus or other appropriate order or direction to direct the 5th respondent University not to make any further allotment of SC/ST/OEC candidates in any reservation category in petitioner's College.
W.P.(C) No.10661/2020 & COC.1613/2021 : 5 :
with all benefits without reference to whether they are allotted in the merit quota or the Management Quota. The petitioner would submit that as far as Self Financing Colleges are concerned, they are not obligated to give reservation to SC/ST/OEC candidates and when the Government or University allots students stipulating that they need not pay fees, such authority is bound to reimburse the fee to the College.
W.P.(C) No.10661/2020 & COC.1613/2021 : 6 :
grievance of the petitioner remained unredressed.
W.P.(C) No.10661/2020 & COC.1613/2021 : 7 :
educational concession can be extended to SC/ST/OEC students undergoing unaided courses in the unaided institutions in Kerala, as per Ext.P2 Government Order dated 02.07.2009. By Ext.P3 proceedings dated 01.10.2015, the Director of Scheduled Castes Development Department has clarified that SC/ST/OEC students, who do not come within the purview of Ext.P2 G.O. dated 02.07.2009, but pursuing education in recognised institutions in recognised courses and whose family income is below ₹2.5 lakhs, are eligible for availing Government of India Scholarship.
W.P.(C) No.10661/2020 & COC.1613/2021 : 8 :
reservations, opportunities and facilities are given to SC/ST/OEC members to avail educational facilities in the Universities and Government aided institutions. The Government is providing sufficient benefits to students of unaided courses in the Government and University levels as per the Tariffs fixed. Therefore, the Government has decided not to give facilities and concessions for the unaided courses
of the unaided institutions. As this is a policy matter, no interference is warranted in the matter. Respondents 1 to 4 argued that Clause 10.2 of the Prospectus is based on Government Orders dated 05.04.2005 and 03.07.2007, which are superseded by G.O. dated 02.07.2009.
W.P.(C) No.10661/2020 & COC.1613/2021 : 9 :
up by the Government or by such authority determined by the Government. The Institution can fill up the remaining 50% seats. This clause is stipulated in the affiliation order granted by the University to every unaided colleges. The 5th respondent stated that candidates belonging to SC/ST communities allotted against merit seats or against the seats reserved for them are exempted from payment of fee and hence such a provision was incorporated in the Prospectus.
W.P.(C) No.10661/2020 & COC.1613/2021 : 10 :
W.P.(C) No.10661/2020 & COC.1613/2021 : 11 :
admissions were to be made to the extent of 50% seats even in Self Financing Colleges following merit and reservation principles of the Government. The reservation norms were followed in the said 50% seats. The petitioner’s institution being a minority educational institution, was not otherwise legally bound to provide any communal reservation. Yet, in view of the CAP, admissions to 50% seats were made at the instance of the Government of Kerala following reservation norms.
W.P.(C) No.10661/2020 & COC.1613/2021 : 12 :
and 02.07.2009.
fixed based on the inevitable expenses incurred by the institutions. When students are admitted in the college by the Government or a Governmental agency offering any fee concession, it will dent the finance of the institution which may render the institution financially unviable. In such cases, the Government has a duty to compensate the institutions. In the case of the petitioner, based on Government Orders, the University in their Prospectus has provided for fee concession to SC/ST/OEC students admitted under CAP quota.
W.P.(C) No.10661/2020 & COC.1613/2021 : 13 :
W.P.(C) No.10661/2020 & COC.1613/2021 : 14 :
CAP by the 5th respondent-University. Respondents 1 to 3 shall verify Ext.P7 list submitted by the petitioner and reimburse the amount found due to the petitioner, within a period of two months.
In view of the final order passed in the writ petition
and accepting the submission made by the counsel for the petitioner, Contempt of Court Case (Civil) No.1613 of 2021 is closed.
Sd/-
N. NAGARESH, JUDGE
aks/25.01.2022
W.P.(C) No.10661/2020 & COC.1613/2021 : 15 :
APPENDIX OF WP(C) 10661/2020
PETITIONER'S EXHIBITS
| EXHIBIT P1 | COPY OF | T | HE CERTIFICATE DATED |
|---|---|---|---|
| 23.2.2012 FOR MINOR |
BY ITY E |
THE NATIONAL COMMISSION DUCATIONAL INSTITUTIONS. |
|
| EXHIBIT P2 | COPY OF ISSUED BY |
THE THE |
ORDER DATED 2.7.2009 GOVERNMENT. |
| EXHIBIT P3 | COPY OF ISSUED BY |
THE THE |
ORDER DATED 1.10.2015 2ND RESPONDENT. |
| EXHIBIT P4 | COPY OF ISSUED BY |
THE THE |
ORDER DATED 19.12.2015 2ND RESPONDENT. |
| EXHIBIT P5 | COPY OF T PROSPECTU NIL. |
HE P S FO |
AGE NO. 17 AND 18 OF THE R THE CAP OF 2014 DATED |
| EXHIBIT P6 | COPY OF 3.12.2019 1ST RESPO |
THE FRO NDENT |
REPRESENTATION DATED M THE PETITIONER TO THE . |
| EXHIBIT P7 | COPY OF GRANT OF |
THE SC/ST |
LIST DETAILS OF PENDING /OEC STUDENTS. |
| EXHIBIT P8 | COPY OF ISSUED BY PETITIONE |
THE THE R. |
LETTER DATED 19.12.2019 2ND RESPONDENT TO THE |
| EXHIBIT P9 | COPY OF ISSUED TO |
THE THE |
LETTER DATED 28.1.2020 PETITIONER. |
RESPONDENT'S EXTS
R1(A) COPY OF THE REPORT DT 3.9.2020.
W.P.(C) No.10661/2020 & COC.1613/2021 : 16 :
APPENDIX OF CON.CASE(C) 1613/2021
PETITIONER'S ANNEXURES
Annexure A CERTIFIED COPY OF THE INTERIM ORDER DATED 6.8.2020 OF THIS HON'BLE CORT IN WPC NO 10661/2020
3 issues framed by the court
Whether the Government is legally bound to reimburse fees to a self-financing minority college when students are admitted via Centralised Allotment Process with fee concessions.
Whether educational concession rules create an unrealistic classification violative of Article 14 for SC/ST students in unaided colleges.
Whether the State or University has the authority to mandate seat reservation in a minority educational institution.
Colour shows how this judgement treated each authority
Akhil P. Pushkar v. State of KeralaDistinguished¶49
Akhil P. Pushkar v. State of Kerala [2012 (4) KLT 12]
Vishnu Priya and others v. State of Kerala and othersRelied on¶81
Vishnu Priya and others v. State of Kerala and others [2020 (4) KLJ 13]
2 provisions across 1 enactments
THE CHAIRMAN, AL-AZHAR COLLEGE OF ARTS AND SCIENCE
THE STATE OF KERALA
THE DIRECTOR, SCHEDULED CASTE DEVELOPMENT DEPARTMENT
THE DIRECTOR, SCHEDULED TRIBE DEVELOPMENT DEPARTMENT
MAHATMA GANDHI UNIVERSITY
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
