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2025 DAILYLAW 8164 (KER)

THE CHAIRMAN, v. THE STATE OF KERALA,

WP(C)/39129/2022 · 2025-04-01

N Nagaresh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27914 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 39129 OF 2022 PETITIONER: THE CHAIRMAN, SR EDUCATIONAL & CHARITABLE TRUST, MARAPPALAM,PATTOM TRIVANDRUM DISTRICT - 695004. BY ADVS. P.M.SANEER TONY GEORGE KANNANTHANAM RESPONDENTS: 1 THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, SCHEDULED CASTES/SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR, SCHEDULED CASTE DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 3 THE DIRECTOR, SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2025:KER:27914 WP(C) NO.39129 OF 2022 2 4 THE DIRECTOR, BACKWARD DEVELOPMENT DEPARTMENT (OBC/OEC/OBC.H), TRIVANDRUM - 695001. 5 THE DIRECTOR OF FISHERIES, FISHERIES DEPARTMENT, TRIVANDRUM - 695001. 6 THE COMMISSIONER FOR ENTRANCE EXAMINATION, SANTHI NAGAR, TRIVANDRUM - 695001. SMT.LATHA T.THANKAPPAN,SPL.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27914 WP(C) NO.39129 OF 2022 3 JUDGMENT Dated this the 1st day of April, 2025 The writ petition has been filed by the petitioner seeking the following reliefs:- “(i) Issue a writ in the nature of mandamus or other appropriate order or direction to direct the respondents to pay the entire arrears of fees, hostel fees of SC/ST/OEC/OBC(H) candidates and the children of fishermen community, allotted by the Commissioner, due to the petitioner’s College forthwith. (ii) To declare that it is the duty of the Government to promptly and timely pay fees of all students, who are exempted by the Government from paying their fees. (iii) To issue a writ of mandamus or other appropriate order or direction to direct the respondents to keep paying the fees of SC/ST/OEC/OBC(H) candidates in time for the current year and the years to come.” 2. Special Government Pleader submits that all amounts due to the petitioner-Institution for the academic year 2022-2023 has already been paid. 2025:KER:27914 WP(C) NO.39129 OF 2022 4 In view of the above, no further orders are necessary in this writ petition. The writ petition is disposed of recording the said submission. Sd/- N.NAGARESH JUDGE hmh 2025:KER:27914 WP(C) NO.39129 OF 2022 5 APPENDIX OF WP(C) 39129/2022 PETITIONER’S EXHIBITS Exhibit P1 A COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE CONSORTIUM AND THE GOVERNMENT ON 29-7-2015. Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER (RT)NO.2497/2016/H&FWD DATED 6-9-2016. Exhibit P3 TRUE COPY OF THE LIST-STUDENT REGISTRATION REPORT-2021 ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCE FOR THE YEAR 2016. Exhibit P4 TRUE COPY OF THE LIST STUDENT REGISTRATION REPORT-2021 ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCE FOR THE YEAR 2017. Exhibit P5 TRUE COPY OF THE LIST STUDENT REGISTRATION REPORT-2021 ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCE FOR THE YEAR 2018. Exhibit P6 TRUE COPY OF THE LIST STUDENT REGISTRATION REPORT- 2021 ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCE FOR THE YEAR 2019. Exhibit P7 TRUE COPY OF THE LIST STUDENT REGISTRATION REPORT-2021 ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCE FOR THE YEAR 2020. Exhibit P8 TRUE COPY OF THE ORDER DATED 9/3/2018 ISSUED BY THE ADMISSION & FEE REGULARITY COMMITTEE. 2025:KER:27914 WP(C) NO.39129 OF 2022 6 Exhibit P9 TRUE COPY OF THE ORDER DATED 20/7/2018 ISSUED BY THE ADMISSION & FEE REGULARITY COMMITTEE. Exhibit P10 TRUE COPY OF THE GO(MS)NO.102/2019/H&FWD DATED 8/7/2019. Exhibit P11 TRUE COPY THE ORDER NO. FRC15/20/BDS/SFDC DATED 10/11/2020 ISSUED BY THE FEE REGULATORY COMMITTEE. Exhibit P12 TRUE COPY THE ORDER NO.FRC50/20/BDS/MDS/SPECIAL FEE/SFDCK DATED 29/11/2021 ISSUED BY THE FEE REGULATORY COMMITTEE. Exhibit P13 TRUE COPY OF THE REQUEST AND CALCULATION STATEMENT SUBMITTED BY THE ADMINISTRATIVE OFFICER BEFORE THE DIRECTOR OF SCHEDULED CASTE DEVELOPMENT DEPARTMENT DATE 12/11/2022. Exhibit P14 TRUE COPY OF THE REQUEST AND CALCULATION STATEMENT SUBMITTED BY THE ADMINISTRATIVE OFFICER BEFORE THE DIRECTOR OF SCHEDULED TRIBE DEVELOPMENT DEPARTMENT DATE 12/11/2022. Exhibit P15 TRUE COPY OF THE REQUEST AND CALCULATION STATEMENT SUBMITTED BY THE ADMINISTRATE OFFICER BEFORE THE DIRECTOR BACKWARD COMMUNITY DEVELOPMENT DEPARTMENT 12/11/2022. Exhibit P16 TRUE COPY OF THE REQUEST AND 2025:KER:27914 WP(C) NO.39129 OF 2022 7 CALCULATION STATEMENT SUBMITTED BY THE ADMINISTRATE OFFICER BEFORE THE DEPUTY DIRECTOR FISHERIES DEPARTMENT DATE 12/11/2022. Exhibit P17 A TRUE COPY OF THE REQUEST /STATEMENTS NO.A1/SSDC/EGRANTS/2023/0320 DATED 20/3/2023 SUBMITTED BEFORE THE FIRST RESPONDENT AN COPY TO OTHER RESPONDENTS Exhibit P18 A TRUE COPY OF THE COMMUNICATION ISSUED BY ASSET RECONSTRUCTION COMPANY INDIA LTD NO.BGVG/SR/SS/FY23/12951 DATED 28/2/2023 TO THE PETITIONER. Exhibit P19 A TRUE COPY OF THE STATEMENT OF ARREARS DUE TO THE COLLEGE. Exhibit P20 A TRUE COPY OF THE DETAILS SHOWING FEES TO BE RECEIVED FROM E–GRANTS IN THE CATEGORY OF SC STUDENTS ADMITTED IN THE COLLEGE. Exhibit P21 A TRUE COPY OF THE DETAILS SHOWING FEES TO BE RECEIVED AS E-GRANTS IN THE CATEGORY OF ST STUDENTS. Exhibit P22 A TRUE COPY OF THE DETAILS SHOWING FEES TO BE RECEIVED AS E-GRANTS IN CATEGORY OF OEC AND OBC(H). Exhibit P23 A TRUE COPY OF THE DETAILS SHOWING FEES TO BE RECEIVED AS E-GRANTS IN THE CATEGORY OF FISHERIES. Exhibit P24 A CONSOLIDATED STATEMENT SHOWING THE TOTAL AMOUNT TO BE RECEIVED AS E- GRANTS IN ALL CATEGORIES PREPARED BY THE COLLEGE. 2025:KER:27914 WP(C) NO.39129 OF 2022 8 Exhibit P25 A TRUE COPY OF THE DETAILS SHOWING FEES TO BE RECEIVED FROM E–GRANTS IN THE CATEGORY OF SC STUDENTS ADMITTED IN THE COLLEGE Exhibit P26 A TRUE COPY OF STATEMENT PREPARED BY THE COLLEGE IN THE CATEGORY OF ST STUDENTS Exhibit P27 A TRUE COPY OF THE STATEMENT PREPARED BY THE COLLEGE IN CATEGORY OF OEC AND OBC(H) Exhibit P28 A TRUE COPY OF THE STATEMENT SHOWING THE ARREARS IN THE CATEGORY OF FISHERIES Exhibit P29 A CONSOLIDATED STATEMENT SHOWING THE TOTAL AMOUNT TO BE RECEIVED AS E- GRANTS IN ALL CATEGORIES PREPARED BY THE COLLEGE RESPONDENT EXHIBITS EXHIBIT R2(a) TRUE PHOTOSTAT COPY OF THE ORDER No.AFRC 50/18/BDS/SPECIAL FEE/AKSDCMC DATED 22.11.2019 OF FEE REGULATORY COMMITTEE. EXHIBIT R2(b) TRUE PHOTOSTAT COPY OF THE G.O(Rt)No.135/2019/SCSTDD dated 04.02.2019 EXHIBIT R2(c) TRUE PHOTOSTAT COPY OF THE PROCEEDINGS ORDER No.SCDD/10166/2021-B1(EDN B) DATED 28.06.2022 OF DIRECTOR OF SCHEDULED CASTE DEVELOPMENT DEPARTMENT. 2025:KER:27914 WP(C) NO.39129 OF 2022 9 EXHIBIT R2(d) TRUE PHOTOSTAT COPY OF THE PROCEEDINGS ORDER No.SCDD/10166/2021-B1(EDN B) DATED 02.09.2022 OF DIRECTOR OF SCHEDULED CASTE DEVELOPMENT DEPARTMENT EXHIBIT R3(A): TRUE COPY OF THE DETAILS OF AMOUNT CREDITED AND PENDING. Annexure A2(a) PAYMENT CHART ANNEXURE R2(a) TRUE COPY OF THE DETAILED STATEMENT OF AMOUNTS DISBURSED ANNEXURE R3 (a) TRUE COPY OF THE DETAILED STATEMENT OF AMOUNT PENDING FOR DISBURSEMENT ANNEXURE R5(a) TRUE COPY OF THE LETTER NO.DFTVM/1362/2023-N2 DATED 10.10.2023 ANNEXURE R4(a) TRUE COPY OF THE PROPOSAL NO.BCDIR/374/2022-A2 DATED 20/09/2023 ANNEXURE R3(a) COPY OF DETAILED STATEMENT OF AMOUNT DUE TO THE PETITIONER Annexure R4(b) TRUE COPY OF G.O(P)NO.1/2023/BCDD DATED 23-03-2023 Annexure R4(c) DETAILED STATEMENT OF AMOUNT CREDITED TO THE OEC,OBC(H) STUDENTS ON 24-03- 2024 AND AMOUNT PENDING 9H Annexure R5(B) TRUE COPY OF THE DETAILED STATEMENT AMOUNT TO THE INSTITUTION TOWARDS FISHERIES E-GRANZ IN THE YEAR 2023-24 AND2024-25 Annexure R2 (B) TRUE COPY OF THE DETAILED STATEMENT OF AMOUNT DUE TO THE SCHEDULED CASTE 2025:KER:27914 WP(C) NO.39129 OF 2022 10 STUDENTS AND DISBURSED Annexure R4(A) TRUE COPY OF THE DETAILED STATEMENT OF AMOUNT DISBURSED TO THE PETITIONERS INSTITUTION AND STUDENTS ACCOUNT Annexure R5(A) DETAILED STATEMENT OF AMOUNT DISBURSED TO SR EDUCATIONAL AND CHARITABLE TRUST FROM FISHERIES DEPARTMENT ANNEXURE R3(a) COPY OF DETAILED STATEMENT OF AMOUNT CLAIMED AND DISBURSED TO THE STUDENTS