W.A. Nos. 1759, 1756, 1757, 1634 and 1694 of 2014 in W.P.(C). 22706/2014. Case: Aswathi Vedalmaji 'Krishnarpanam' and Ors. Vs The State of Kerala and Ors.. High Court of Kerala (India)
| Case Number | W.A. Nos. 1759, 1756, 1757, 1634 and 1694 of 2014 in W.P.(C). 22706/2014 |
| Counsel | For Appellant: M.K. Damodaran, Sr. and P.K. Vijayamohanan, Advs. and For Respondents: Roshen Alexander, Government Pleader |
| Judges | Ashok Bhushan, Actg. C.J. and A. M. Shaffique, J. |
| Issue | Constitution of India - Articles 14, 19(1)(g), 19(6), 30(1) |
| Judgement Date | February 16, 2015 |
| Court | High Court of Kerala (India) |
Judgment:
Ashok Bhushan, Actg. C.J.
1. These five Writ Appeals have been filed against the common judgment dated 06.11.2014 passed by a learned Single Judge in the Writ Petitions filed by the appellants. Learned Single Judge by the above judgment has dismissed all the Writ Petitions. First four Writ Appeals have been filed by the students who are pursuing the MBBS course whereas the last Writ Appeal, W.A. No. 1694 of 2014 has been filed by the students who are pursuing B.Sc. Nursing Course. W.A. No. 1759 is being treated as the leading case. For deciding all these Writ Appeals reference to the pleadings in W.A. No. 1759 of 2014 shall suffice except where reference of pleadings in some other Writ Appeals are necessary.
2. The background facts giving rise to the Writ Petitions filed by the appellants are as follows: The Cooperative Academy of Professional Education (Kerala), respondent No. 3, is a Society registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955. The 3rd respondent has been running a Medical College, namely Kochi Cooperative Medical College, Kalamassery which was treated under the category of self financing institutions. The State Legislature enacted an Act, viz., Kerala professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006. Admission in various professional institutions including medical self financing institutions are being conducted on the basis of consensual agreement between the college concerned and the State Government. Agreement between the college and Government relates to the manner of carrying on admission and collection of fee. The admissions are being conducted on the basis of entrance examinations conducted by the Commissioner for Entrance Examinations, Kerala. The admissions were being taken under three streams, viz., merit quota to the extent of 50%, management quota to the extent of 35% and 15% quota for Non-Resident Indians. On the basis of consensual agreement entered between the management of the college and the Government, Government Orders have been issued for each academic year for conducting admission and fees. The State Government issued a Government Order dated 16.08.2010 (for the academic year 2010-11) on the basis of the agreement entered into between the 3rd respondent and the Government. Paragraph 3 of the said order dealt with the terms and conditions and paragraphs 4 and 5 dealt with the fee including fee concession to be given to the candidates belonging to BPL families, SC/ST category and SEBC reservation category. 7 candidates belonging to the BPL families were need to pay only tuition fee of Rs. 25,000/-. 13 candidates were selected under the SEBC reservation category are need to pay tuition fee of Rs. 35,000/-. Annual tuition fee for the candidates belonging to SC/ST category was to be paid by the Government to the concerned College at the rate of uniform fee fixed by the Fee Regulatory Committee of the Government. Other candidates admitted under the 50% merit quota were required to pay Rs. 87,000/-, 35% management quota candidates were required to pay Rs. 4,45,000/- and 15% NRI quota candidates were required to pay Rs. 10 lakhs. The above was in addition to the fee concession granted to BPL and SEBC reservation category candidates. For the academic year 2012-13 similar Government Order was issued on 18.06.2012 wherein the 50% merit quota candidates were required to pay Rs. 1,50,000/-, 35% management quota candidates were required to pay Rs. 6,50,000/- (which was subsequently reduced to Rs. 5,50,000/- by another Government Order dated 09.07.2012) and 15% NRI quota candidates were required to pay Rs. 9,95,000/- lakhs (which was subsequently enhanced to Rs. 10,00,000/-) with the fee concession. For the academic year 2013-14 similar Government Order was issued on 11.07.2013 wherein 50% merit quota candidates were required to pay Rs. 1,50,000/-, 35% management quota candidates were required to pay Rs. 6,00,000/- and for the 15% NRI quota the candidates were required to pay Rs. 11,00,000/- with the fee concession mentioned therein. The State Government in the meantime during the academic year 2013-14 decided to take over the Kochi Co-operative Medical College. The District Collector, Ernakulam was entrusted with the preparation and submission of report of taking over of the Kochi Co-operative Medical College by the Government. The District Collector submitted a report. The State Government constituted a Committee by Government Order dated 20.07.2013 consisting of the Principal Secretary (Health and Family Welfare), Principal Secretary (Finance Department), District Collector, Ernakulam and Medical Superintendent of Kochi Co-operative Medical College to prepare a consolidated report after examining the assets and liabilities of the Kochi Co-operative Medical College to place before the Council of Ministers. The report was prepared by the Committee which was considered by the Government and by Government order dated 17.12.2013 the Kochi Co-operative Medical College was taken over by the Government with all existing assets and liabilities. The Kochi Co-operative Medical College was renamed as Government Medical College, Ernakulam by order dated 30.07.2014. Another Committee was constituted by the Government comprising of the Additional Chief Secretary (P&ARD), Secretary (Finance), Secretary (H&FWD), Secretary (Cooperation), Director of Medical Education and Medical Director, CAPE and Special Officer. The said Committee was constituted to study the service conditions of the employees in the institutions and some other allied matters. The Committee noted that major revenue of the institution is through fees of the students. The Committee in its minutes dated 24.01.2014 (Ext. P4 in W.P.(C) No. 24473 of 2014 recorded that even after taking over fee payable by the students must be collected at the rate fixed at the time of their admission till the end of their course. Another meeting was held on 14.05.2014 (Exhibit P5 in W.P(C) No. 24473 of 2014) headed by the Chief Minister of the State where it was decided that all the existing students who were admitted under the merit, management and NRI quotas shall continue to pay their fees prescribed during the time of their admission and only for the students who were admitted for the academic year 2014-15 the fee structure will be that of the Government Medical Colleges. Principal of the Government Medical College, Ernakulam issued notices dated 20.05.2014 and 13.08.2014 demanding tuition fee for the 11th batch of 2012 Admission as per the rate at which they were admitted. Representations were submitted on 29.05.2014 by the parents and teachers Association. On 22.07.2014 another representation was made by the General Secretary of the College Union before the Chief Minister seeking a direction to the Chief Minister to the effect that only the same rate of fee be collected from the students which is being collected in the Government Medical Colleges.
3. Government of Kerala, Office of the Commissioner for Entrance Examination issued a notification on centralised allotment process for professional degree courses - 2014. The said notification mentioned also about the fee to be paid in MBBS in Government Colleges and Government controlled self financing medical colleges and private self financing medical colleges. Fee for the Government Colleges was mentioned as Rs. 25,000/-.
4. W.A. No. 1694 of 2014 - arising out of the judgment in W.P(C) No. 24923 of 2014 was filed by 70 students who were pursuing the course of B.Sc. Nursing. Petitioners in the above Writ Petition were admitted in the B.Sc. Nursing Courses under merit quota as well as management quota. Petitioners included the students who were studying in the 2nd and 3rd year B.Sc. Nursing Course. Government also decided to take over the Nursing College and building situated in the campus by order dated 17.12.2013. Nursing College students were also admitted on the similar line as of MBBS students under the merit, management and NRI quotas with different fee structure. The Nursing College being taken over by the Government, fee to be paid for the academic year 2014-15 was only Rs. 20,000/-. College Unions submitted representations to the Chief Minister stating that Government fee also be implemented for all the students.
5. One of the Writ Petitions which was decided along with the bunch of Writ Petitions was W.P(C) No. 10402 of 2014. On behalf of the State counter affidavit was filed in that case. The said counter affidavit was also adopted by the State by filing memo in other Writ Petitions. In the counter affidavit the State took the plea that change of character of the institution, i.e., Kochi Co-operative Medical College as the Government Medical College, does not affect the nature of the admission or payment of fee by the petitioners. It was stated that the Government has taken a decision that the existing students in all categories, i.e., merit, management and NRI in Government Medical College will continue to pay fee prescribed during their admission to the course. Government Order dated 16.08.2010 was also annexed as Ext. R1(a) by the Government which was issued regarding fee and admission of the students during the academic year 2010-11.
6. We have heard Shri M.K. Damodaran, Senior Advocate, Advocate Shri Devan Ramachandran and Advocate Shri P. Chandrasekhar for the appellants and Government Pleader Shri Roshen D. Alexander has appeared for the State-respondents.
7. Learned counsel for the appellants contended that the Kochi Co-operative Medical College having been taken over by the State Government with effect from academic year 2014-15, the appellants could not have been asked to pay the fee which has been earlier fixed by the self financing...
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