2025:KER:26212 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 8772 OF 2025 PETITIONER: THE PRINCIPAL, KMCT MEDICAL COLLEGE MANASSERY, MUKKAM, KOZHIKODE, KOZHIKKODE DISTRICT., PIN - 673602 BY ADVS. P.M.SANEER TONY GEORGE KANNANTHANAM GISON ALIYAS AJITH GEORGE KOOLA RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, GOVERNMENT OF KERALA, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 THE PRINCIPAL SECRETARY SCHEDULED CASTE AND SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 3 THE DIRECTOR DIRECTORATE OF SCHEDULED CASTE DEVELOPMENT 2025:KER:26212 WP(C) NO. 8772 of 2025 2 DEPARTMENT, 4TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM., PIN - 695033 4 THE DIRECTOR DIRECTORATE OF SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM., PIN - 695033 5 THE DISTRICT DEVELOPMENT OFFICER FOR SCHEDULED CASTE AND SCHEDULED TRIBE DISTRICT DEVELOPMENT OFFICE, CIVIL STATION, KOZHIKODE., PIN - 673020 6 THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001 SRI.ROBIN RAJ,SPL.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26212 WP(C) NO. 8772 of 2025 3 JUDGMENT Dated this the 27th day of March, 2025 The petitioner is the Principal of a Self Financing Medical College. As per the directions of this Court as well as the intervention of the 1st respondent, 20 students were allocated to the petitioner’s College from the Kerala Medical College, Palakkad due to closure of that Institution for lack of infrastructure facilities. Out of the 20 students, five students belong to Scheduled Caste / Scheduled Tribe and Other Eligible Communities and the fee of the said students were being paid by the Government. 2. The grievance of the petitioner is that the fees of the said five students were not fully disbursed by the Government, even after many requests. Most of the students completed their Course successfully. Now, an amount of 2025:KER:26212 WP(C) NO. 8772 of 2025 4 ₹24,71,274/- is due to the College and respondents have not taken any steps to disburse the amount, contends the petitioner. 3. In the academic year 2016-2017, the Government of India had issued Letter of Permission to the Kerala Medical College, Palakkad for establishment of Medical College. It was not renewed further. Since the future of the students in the College was in peril, the students approached this Court filing W.P.(C) Nos.24878 and 24826 of 2018 etc. As a result of this, the Central Government along with Medical Council decided to shift the students. 4. On the basis of that permission, DME convened a joint meeting on 22.06.2019 to finalize the re-allocation of students in nine other Colleges. Accordingly, the students admitted in the Kerala Medical College during the academic year 2016-2017 were re-allocated to nine Medical Colleges, 2025:KER:26212 WP(C) NO. 8772 of 2025 5 including the petitioner’s College. 20 students were re- allocated to the petitioner’s College in July, 2019. Out of the 20 students, four students belonged to Scheduled Caste and one student belongs to Other Eligible Community Category. 5. As per the guidelines / orders issued by the 1st respondent, the students belonging to Scheduled Caste / Scheduled Tribe and Other Eligible Community are eligible for educational concession. The annual tuition fee, special fee, examination fee, hostel fee and mess charges of the said category of students are to be paid to the concerned College by the State Government. 6. Immediately after the re-allocation of these five students, the Principal of the petitioner’s College had forwarded the details of the students to the respondents. Though these students were re-allocated in July, 2019, even after the repeated requests, the College tuition fee, special fee 2025:KER:26212 WP(C) NO. 8772 of 2025 6 and hostel fee of the five students have not been disbursed by respondents 1 to 5. 7. Therefore, the petitioner filed W.P.(C) No.10882/2021 before this Court seeking a direction to the Government to pay the fees within a time period as directed by this Court. The said writ petition was allowed and the respondents after filing contempt, remitted dues as claimed in the writ petition. Out of the five students, except Mr.Sujith S, all others passed out and they have completed their compulsory Internship Training also. Mr. sujith is trying to write other examinations to be scheduled by the University. The CRMI Certificates of Smt.S Athira is not issued because of the pendency of dues. The College withheld all the other Certificates of the said students since the amounts are due. The petitioner submitted many representations to the respondents to disburse the fees due to the College. 2025:KER:26212 WP(C) NO. 8772 of 2025 7 8. Even after submitting Ext.P9, nothing transpired from the side of respondents to release the amounts due to the College. The total amounts due to the petitioner comes to ₹24,71,274. For early disbursal of the amount, this writ petition is filed. 9. I have heard the learned counsel for the petitioner and the learned Special Government Pleader representing the respondents. 10. The respondents have no case that the petitioner is not eligible for e-grantz arrears. 11. Though the Special Government Pleader would raise doubts on the amounts claimed by the petitioner, the petitioner would submit that an amount of 24,71,242/- is due ₹ in respect of the final year of the students. In the facts of the case, the writ petition is disposed of directing respondents 2 to 5 to pay the admitted e-grantz 2025:KER:26212 WP(C) NO. 8772 of 2025 8 arrears to the petitioner’s College as expeditiously as possible and at any rate, within a period of three months. Sd/- N.NAGARESH JUDGE hmh 2025:KER:26212 WP(C) NO. 8772 of 2025 9 APPENDIX OF WP(C) 8772/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER NO.S3/264/2018 HEALTH DATED 2-7-2019 ISSUED BY THE 1ST RESPONDENT. Exhibit P2 TRUE COPY OF THE LETTER NO. CA/24/2019/JDME (M) DATED 26-6-2019 OF THE DME ALONG WITH MINUTES OF MEETING. Exhibit P3 TRUE COPY OF THE AFRC ORDER FIXING THE SPECIAL FEE AS NO AFRC 50/16/MBBS/KMCT DTD 19/9/2018 OF THE COLLEGE. Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN W.P.(C) NO.10882/2021 DATED 15-11-2021 OF THIS HONORABLE COURT. Exhibit P5 A TRUE COPY OF THE SAID COMMUNICATION NO E3-6043/23 DATED 03/10/2024 ISSUED FROM THE OFFICE OF THE DISTRICT SCHEDULED CASTE DEVELOPMENT DEPARTMENT. Exhibit P6 A TRUE COPY OF THE SAID LETTER NO5661/E2/2024/TVM/KSCSC&ST DTD 18/10/2024. Exhibit P7 A TRUE COPY OF THE REPLY NO REF NO 918/KMCT MC/11/2024 DATED 23/11/2024 ALONG WITH A TABLE OF PENDING DUES. Exhibit P8 A TRUE COPY OF THE LETTER NO SCDD/10829/2021-D3(EDN D) DTD 22/1/2025. 2025:KER:26212 WP(C) NO. 8772 of 2025 10 Exhibit P9 A TRUE COPY OF THE REPLY GIVEN BY THE COLLEGE TO THE JOINT DIRECTOR SCHEDULED CASTE DEVELOPMENT OFFICE REF NO 57/KMCT MC/01/2025 DTD 27/1/2025.