Petitioner doctors alleged liability for special fees they paid before the SC/ST/OEC 'E-Grant' nas isulement of the education of the petitioner doctors.
Direct 1st respondent to release funds to 2nd response to issue grant to 3rd respondent to refund petitioners.
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 DEVAN RAMACHANDRAN
FRIDAY, THE 18TH DAY OF NOVEMBER 2022 / 27TH KARTHIKA, 1944
WP(C) NO. 33219 OF 2022
PETITIONERS:
1 DR. JITHIN SURESH AGED 30 YEARS SON OF SURESH BABU K.K, LAKSHMI KUNIYILKATIL , KALLILTHAZHA, P.O PARAL THALASSERY-670671.
2 DR. BASIL VARGHESE AGED 31 YEARS SON OF VARGHESE P.V, PUTHENPURAYIL HOUSE, KEERAMPARA POST, OONJAPPARA, KOTHAMANGALAM (VIA), PIN - 686681 3 DR SARANYA C.K. AGED 30 YEARS DAUGHTER OF RATHEESAN CK, CHERIYAKOMATH HOUSE, ULIKKAL P.O., KANNUR, KERALA, PIN - 670505 4 PRETTY RADHAKRISHNAN AGED 32 YEARS DAUGHTER OF K.K. RADHAKRISHAN, KOVILTHEKKEVALAPPIL (H). P.O CHAMAKKALA, CHENTRAPPINNI, THRISSUR DISTRICT, PIN - 680687 5 SURI RAJAN PALACKAL AGED 32 YEARS SON OF RAJAN BABU P.C, PALACKAL HOUSE, MUNDAKAYAM, MUNDAKAYAM P.O, PIN - 686513 BY ADVS. I.V.PRAMOD SAIRA SOURAJ P.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, BACKWARD CLASS DEVELOPMENT (A) DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF MEDICAL EDUCATION
WP(C) NO. 33219 OF 2022
2 GENERAL HOSPITAL CAMPUS, THIRUVANANTHAPURAM, PIN - 695011 3 THE PRINCIPAL MEDICAL COLLEGE PARIYARAM, PARIYARAM P.O., KANNUR, PIN - 670503 4 THE ASSISTANT DISTRICT DEVELOPMENT OFFICER (SC/ST), KANNUR DISTRICT, COLLECTORATE, CIVIL STATION, KANNUR , PIN - 670002 BY ADV I.V. PRAMOD SMT.LATHA THANKAPPAN-SPL.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioners are doctors, who qualified
MBBS Course from the Medical College, Pariyaram – of which the 3rd respondent is the Principal. They say that when they joined the Course, they were asked to pay Rs.2,24,000/- each as special fee, even though, they fall under the SC/ST/OEC categories; and assert that they paid it under the bonafide impression that the eligible “EGrant” will be made available to them by the Government, in which event, said amount will be refunded by the College.
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appearing for the petitioners, supplemented the afore contentions saying that, as is evident from Ext.P1, a similarly - if not identically situated student – Smt.P.R.Remya, has already been favoured with the “E-Grant” and that she has obtained refund from the College. He submitted that, therefore, refusal of the
official respondents to treat the petitioners herein equally is illegal, unlawful and unconstitutional.
Government Pleader, refuted the afore submissions of Sri.I.V.Pramod, explaining that the above mentioned Smt.P.R.Remya was not offered the “E-Grant” by the 4th respondent, but from the Directorate in charge of the affairs of the SC/ST/OEC students. She, however,
conceded that both the Directorates come under
the “Backward Class Department” of the 1st respondent – State of Kerala. She, however,
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added that a decision has now been taken to
favour the petitioners also with the necessary
“E-Grant”, but that this can be only done manually; for which, the 4th respondent has requested the office of the 2nd respondent to make available necessary funds. She undertook that once requisite funds are made available, same will be paid to the College and the petitioners can then obtain it from the 3rd respondent.
it is clear that eligibility of the petitioners
is not in contest, and that formalities for making payment of “E-Grant” to them are
underway.
In the afore circumstances, I allow this
writ petition with the following directions:
a) The Secretary of the Backward Classes
Department of the 1st respondent – State of
Kerala, will ensure that amounts sought for by
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the 4th respondent in favour of the petitioners
are released and remitted to the appropriate account within a period of two months from the date of receipt of a copy of this judgment.
b) On the afore remittance being made, the
4th respondent will ensure that same is transferred to the account of the College, within a period of one month thereafter.
c) On the College receiving the funds as
afore, the amount claimed by the petitioners shall be disbursed to them, as per usual procedure, on proper receipt, within a period of two weeks therefrom.
Sd/-
DEVAN RAMACHANDRAN JUDGE
SAS
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APPENDIX OF WP(C) 33219/2022
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE REPRESENTATION DATED 21/10/2020 Exhibit P2 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE ADVOCATE ENGAGED BY THE PETITIONERS BEARING NO:B2/132/13/GMCK DATED 30/03/2022
2 issues framed by the court
Whether SC/ST/OEC medical students can seek refund of special fees paid before the E-Grant system was operational.
Whether the respondents are liable to process the refund petitioners for.
DR. JITHIN SURESH
DR. BASIL VARGHESE
DR SARANYA C.K.
PRETTY RADHAKRISHNAN
SURI RAJAN PALACKAL
STATE OF KERALA
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
