Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943 WP(C) NO. 605 OF 2022 PETITIONER/S: THE PRINCIPAL AZEEZIA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH, MEEYANNOOR P.O., KOLLAM DISTRICT - 691 537. BY ADVS. V.A.MUHAMMED M.SAJJAD V.RAJASEKHARAN NAIR RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE CHAIRMAN THE FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA, T.C.15/1553-4, PRASHANTHI BUILDINGS, M.P.APPAN ROAD,VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014. 3 THE FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA T.C.15/1553-4, PRASHANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014 REPRESENTED BY ITS SECRETARY. BY ADV SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES SRI.JOSHY THANNICKAMATTOM, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).NO.605/2022 -2-
JUDGMENT
A.K.Jayasankaran Nambiar, J.
The petitioner approached this Court seeking a direction to the 3rd respondent committee to consider Ext.P4 application preferred by the petitioner for review of Ext.P1 order in as much as it relates to the fixation of the hostel fee that can be collected from the students of the petitioner college. After the writ petition was admitted, it was brought to our notice by the learned Standing Counsel for the 3 rd respondent committee that the grounds urged in the writ petition with regard to erroneous fixation of hostel fee could not be accepted at face value since the fixation of hostel fee was done based on the documents made available before the committee and the petitioner had failed to produce all the relevant documents for examination by the committee.
2. Taking note of the objections of the respondents, the
petitioner through a number of statements, culminating in the statement dated 10.03.2022, averred that further documents as required by the committee have since been produced before the committee. The details of the documents subsequently furnished before the committee have been W.P(C).NO.605/2022 -3- stated in the statement dated 10.03.2022, of the learned counsel for the petitioner. Taking note of the said statement, we deem it appropriate to set aside Ext.P1 order to the limited extent it pertains to the fixation of hostel fee so as to enable the committee to re-examine the issue in the light of the documents now produced by the petitioner before the committee, and arrive at a fresh fixation of the hostel fee that may be collected by the petitioner from the students of its college. The 3 rd respondent committee shall endeavour to complete the exercise of fixation of hostel fee within a month from today, after hearing the petitioner. The writ petition is disposed as above. A.K.JAYASANKARAN NAMBIAR MOHAMMED NIAS C.P. uu/16.03.2022 xxx W.P(C).NO.605/2022 -4- APPENDIX OF WP(C) 605/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO.FRC ISSUED BY THE CHAIRMAN, FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA. Exhibit P2 TRUE COPY OF THE MBBS 2017 BATCH 2017-18 AND 2018-19. Exhibit P3 TRUE COPY OF THE LETTER NO.AIMS/147/2019
DATED 25/09/2019 OF THE PETITIONER ADDRESSING THE CHAIRMAN, ADMISSION AND FEE REGULATORY COMMITTEE, THIRUVANANTHAPURAM. Exhibit P4 TRUE COPY OF THE SUBMISSION MADE BEFORE THE CHAIRMAN, FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION KERALA BY THE PETITIONER DATED 29/12/2021. Exhibit P5 TRUE COPY OF THE INCOME AND EXPENDITURE ACCOUNT OF PODIKUNJU MUSLIAR MEMORIAL CHARITABLE AND EDUCATION TRUST ALONG WITH COVERING LETTER DATED 14/08/2021.