Allowed

V.Anilkumar v. State of Kerala

Kerala HC20 Dec 2023WP(C)/33891/2023

Case brief

AI extract

What is this about?

The High Court directed the State to allot funds for pending E-grant amounts to the petitioner's medical institutions and ordered generation of bills for larger pending sums, setting timelines for Government funding and disbursement to ensure financial relief within six months.

What did the court decide?

Directions to allot ₹34.09 lakhs within one month and generate bills for ₹9.66 crore within one month, with fund assessment and disbursement to be completed within seven months total.

V.Anilkumar Vs State of Kerala — Education and Admissions | Kerala HC (2023)

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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 DEVAN RAMACHANDRAN

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WEDNESDAY, THE 20TH DAY OF DECEMBER 2023 / 29TH AGRAHAYANA, 1945

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WP(C) NO. 33891 OF 2023

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PETITIONER:

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V.ANILKUMAR, AGED 54 YEARS,
CHAIRMAN, SREE ANJANEYA MEDICAL TRUST IV FLOOR,
KANCHAS COMPLEX, OPPOSITE INDOOR STADIUM,
KOZHIKODE, PIN – 673004.

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BY ADVS.
S.VINOD BHAT
ANAGHA LAKSHMY RAMAN
GREESHMA CHANDRIKA.R
V.NAMITHA

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-, PIN – 695001.

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2 DEPARTMENT OF FISHERIES, 4TH FLOOR, VIKAS BHAVAN, SECRETARIAT, THIRUVANANTHAPURAM-

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REPRESENTED BY DIRECTOR., PIN – 695033.

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3 THE KERALA STATE SC DEVELOPMENT DEPARTMENT NANDAVANAM, VIKAS BHAVAN P.O. THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR., PIN – 695033.

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4 THE KERALA STATE ST DEVELOPMENT DEPARTMENT NANDAVANAM, VIKAS BHAVAN P.O. THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR., PIN – 695033.

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5 THE KERALA STATE BACKWARD CLASSES DEVELOPMENT DEPARTMENT, NANDAVANAM, VIKAS BHAVAN P.O. THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR., PIN – 695033.

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BY ADV.SMT.LATHA THANKAPPAN, SPL.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 33891 OF 2023

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JUDGMENT

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The petitioner is stated to be the

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Chairperson of the ‘Sree Anjenaya Medical
Trust’, which runs various institutions,
including a Medical College and a Dental
College. He says that the respondents provide
various E-grant facilities/schemes towards
educational assistance, to provide for
scholarships to the children of fishermen and
students belonging to SC, ST and OBC classes;
and that his institutions have, in pursuance
of their social commitment, admitted the
maximum number of such classes of students.

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2.The petitioner says that, however,

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the institutions are in a financial crisis
because, the respondents are refusing to pay
them the eligible E-grant and are delaying

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WP(C) NO. 33891 OF 2023

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its payment indefinitely; and thus prays that

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they be directed to release to him all
eligible amounts towards the E-grant entitled
to the students of the aforementioned
classes, within a time frame to be fixed by
this Court.

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3.Sri.S.Vinod Bhat – learned counsel

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for the petitioner, explained that, solely
because his client abides by the directions
of the respondents, in admitting students of
the afore classes, he and his institutions
have been put to great prejudice. He argued
that this is unfair and uncharitable,
particularly when the educational assistance
given to the students is part of social
engineering, which is an imperative under the
constitutional mandate. He thus prayed that
the reliefs sought for in this writ petition

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WP(C) NO. 33891 OF 2023

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be granted.

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4.Interestingly, in response, Smt.Latha

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Thankappan – learned Special Government
Pleader, submitted that a counter affidavit
has been filed by the 5th respondent, wherein,

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it is conceded that an amount of
Rs.53,91,375/- has already been disbursed to
the various institutions of the petitioner
qua the eligible students; and that an amount
of Rs.34,09,063/- is now pending for
disbursement, since her client is awaiting
the financial outlay to be given by the
Government. She also conceded that a further
amount of Rs.9,66,41,280/- is pending for
generation of bill; but that this cannot be

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done until the Government clears its

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disbursement, through necessary allotment of
funds.

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WP(C) NO. 33891 OF 2023

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-5-

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5.On hearing Smt.Latha Thankappan as

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afore, the learned counsel for the petitioner
– Sri.S.Vinod Bhat, submitted that, since his
client and his institutions are going through
extreme fiscal crisis at the moment, on
account of lack of disbursement of the
aforesaid eligible amounts, the respondents
may be directed to pay at least the admitted
amount of Rs.34,09,063/- immediately and to
generate the bills for the balance amount of
Rs.9,66,41,280/-, within a time frame to be
fixed by this Court.

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6.Sri.Vinod Bhat then added that the

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afore sums apply only as regards the 5th
respondent; but that his client and his
institutions are to receive eligible amounts
from respondents 2 to 4 also. He submitted
that hence his client will be satisfied, if

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WP(C) NO. 33891 OF 2023

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fixed time frames are fixed for them also to

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honour the eligible bills.

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7.Smt.Latha Thankappan acceded to the

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afore; however, saying that this will depend

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upon the financial assistance by the

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Government.

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In the afore circumstances, I order this
writ petition with the following directions:

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(a) The 1st respondent is directed to

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allot funds to a sum of Rs.34,09,063/-

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(Rupees thirty four lakhs nine thousand and
sixty three only), against the bills already
generated by the 5th respondent and to ensure
that same reaches the said respondent, within
a period of one month from the date of
receipt of a copy of this judgment.

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(b)On the afore amount reaching the 5th

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respondent, it shall be ensured that it is

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WP(C) NO. 33891 OF 2023

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disbursed to the institutions of the
petitioner, in their eligible proportion,
without any delay, but not later than 10 days
thereafter.

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Rs.9,66,41,280/- is concerned, the essential

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bills for the same shall be generated by the
competent Authority of the 5th respondent and
forwarded to the Government within a period
of one month from the date of receipt of a
copy of this judgment. On this being done,
the Government will assess and evaluate the
bills and ensure that the eligible amounts
are allotted to the 5th respondent within a
period of five months thereafter.

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(d)On the bills thus being processed and

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the amounts allotted by the Government, the
sums will be disbursed to the institutions of

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WP(C) NO. 33891 OF 2023

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the petitioner, in the eligible proportion,

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by the 5th respondent within a period of one
month thereafter.

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(e) In addition to the above, respondents

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2 to 4 will generate their bills for the

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eligible amounts and forward them to the

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Government within a period of one month from

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the date of receipt of a copy of this

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judgment. On such event, the Government will
allot funds as ordered above, within a period

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of five months and the eligible amounts
finally disbursed to the petitioner and his
institutions by the respective respondents
within a further period of one month.

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Sd/-

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DEVAN RAMACHANDRAN

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akv

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JUDGE

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WP(C) NO. 33891 OF 2023

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APPENDIX OF WP(C) 33891/2023

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PETITIONER EXHIBITS

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EXHIBIT P1COPY OF LETTER DATED 29-08-2022
WRITTEN ON BEHALF OF SREE ANJANEYA
MEDICAL TRUST TO RESPONDENTS 3 AND 4
EXHIBIT P2COPY OF LETTER DATED 20-09-2022
WRITTEN ON BEHALF OF MALABAR MEDICAL
COLLEGE HOSPITAL & RESEARCH CENTRE TO
3RD RESPONDENT
EXHIBIT P3COPY OF LETTER DATED 09-10-2023
WRITTEN BY THE PETITIONER TO THE
SECRETARY, DEPARTMENT OF HEALTH &
FAMILY WELFARE, GOVERNMENT OF KERALA

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RESPONDENT EXHIBITS

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EXHIBIT R4(A)TRUE COPY OF THE GO NO. 940/2023/SCSTD
26.07.2023 GRANTED PERMISSION TO
DISBURSE THE ARREAR AMOUNT FROM STATE
FUND
EXHIBIT R2(A)TRUE COPY OF THE LETTER
NO.DFTVM/1362/2023-N2 DT 10.10.2023
EXHIBITR5(A)TRUE COPY OF THE DETAILS OF AMOUNT
DISBURSEMENT,DETAILS OF BILL GENERATED
AND PENDING FOR DISBURSEMENT
EXHIBITR5(B)TRUE COPY OF THE PROPOSAL
NO.BCDIR/374/2022-A2 DATED 20/09/2023

V.Anilkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

V.Anilkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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