IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WA.No. 1678 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.29587/2010 Dated 27/09/2010 .................... APPELLANT/RESPONDENT NO.4 IN THE WRIT PETITION(C) --------------------------------------------------------------- THE KERALA PRIVATE MEDICAL COLLEGE MANAGEMENT ASSOCIATION REPRPESENTED BY ITS SECRETARY, INTERNATIONAL STUDENTS CENTRE, LMS COMPOUND, THIRUVANANTHAPURAM 695 033 BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.R.T.PRADEEP RESPONDENTS/PETITIONERS 1 TO 22, RESPONDENTS 1 TO 3 & ADDL. RESPONDENTS 5 TO 14: -------------------------------------------------------------------- 1. SHIBU I, VANALLOOR HOUSE, KOIVILA, P.O., KOLLQM – 691 590 2. AMEER SUHAIL S., VADAKKETHALAKKAL HOUSE, ERUVA, KAYAMKULAM – 690 502 3. ANCY PETER, ARIKUPURATHU HOUSE, KEEZHILLAM P.O, MANNOOR, ERNAKULAM DISTRICT PIN - 683 541 4. SREEPA PILLAI, SREEPADMAM, NEAR DR. AMBEDKER COMMUNITY HALL, MARADU, ERNAKULAM, COCHIN- 682 304. 5. ANUPAMA SACHITHANANDAN, HILL VIEW, THANKAKALLU, KAITHODU PO, NILAMEL, KOLLAM DISTRICT 691 535 :2: WA.No. 1678 of 2010() 6. POOJA PILLAI A., THEERTHAM, CHAMMAKAD PO., PERINAD, KOLLAM. 7. NEENU ELIZABETH RAJU, ARACKAL, MAATHUMOOLA VAZHAPPALLY PO., CHANGANASSERY, KOTTAYAM DISTRICT. 8. REMMIS RAPHEL, KALAPARAMBATH PATHADAN HOUSE, ELAVOOR PO., ANGAMALY, ERNAKULAM DISTRICT. 9. DEEPAK PETER THOMAS, VETTUKALLEL HOUSE, KONDATTUKADAVU ROAD, NEAR MARKET, PALA PO., KOTTAYAM DISTRICT. 10. SRUTHI S. KUMAR, THAIMA, SURYA NAGAR, VIANGAMURI, NEYYATINKARA P.O., TRIVANDRUM 695 121. 11. SEETHAL S., SWAGATH, KADUVAYIL, ATTINGAL PO., TRIVANDRUM 695 101 12. FARZANA SALIM, FAZIL MANZIL, NH-47 VETTU ROAD, KANIYAPURAM PO, TRIVANDRUM. 13. RENJINI P.S., P.S. BHAVAN, MALAYILTHOTTOM, MARAYAMUTTOM PO, TRIVANDRUM. 14 MIDHU MOHAN, “ASHWATHI”, SREEKANDAPURAM, KANNUR. 15. SALMA R. SALIM, KANNAMATH, KUTTIPPURAM PO. MALAPPURAM 679 571 16. NAMITHA PRAKASH C., CHETTIPARAMBIL HOUSE, VADAMA PO., MALA, THRISSUR. 17. PUNNYA S. NATH, “SOUPARNIKA” PADINJATTIL LANE, KUNNUMPURAM, MEDICAL COLLEGE PO , TRIVANDRUM. :3: WA.No. 1678 of 2010() 18. NEETHU G. MOHAN, SIVANANDHA VILASAM, AMAPALATHINKALA PO, KATTAKKADA, TRIVANDRUM 695 572. 19. NIRANJANA K.S., KANNANKATTIL HOUSE, PLOT NO. 504, NEW GARDENS, AYYANTHOLE , TRICHUR. 20,. JYOTHI ANTONY, PULIYAMKUNNATH HOUSE, KADANGOOR SOUTH PO, KOTTAYAM. 21. MYSA ABDUL AZEEZ V., VELLATHUR HOUSE, THRIKKANDIYUR PO, TIRUR, MALAPPURAM DISTRICT, KERALA. 22. SIVASANKAR R., SANKARALAYAM, CHERUPUZHA PO, KANNUR 670 511 23. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 24. THE FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES, RAM MOHAN PALACE, ERNAKULAM, REP. BY ITS MANAGER. 25. THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES, RAM MOHAN PALACE, ROOM NO.8, ERNAKULAM KOCHI – 31. 26. KANNUR MEDICAL COLLEGE, ANJARAKANDY, MAMBA PO, KANNUR 27. K.M.C.T. MEDICAL COLLEGE, KOZHIKODE. 28. M.E.S. MEDICAL COLLEGE, PERINTHALMANNA, MALAPPURAM DIST. 29. KARUNA MEDICAL COLELGE, VILAYODI, CHITTUR , PALAKKAD. 30. SREE NARAYANA INSTITUTE OF MEDICAL SCIENCES, CHALAKKA, PARAVOOR, ERNAKULAM. 31. AZEEZIA MEDICAL COLLEGE, MEEYYANNOOR PO, KOLLAM. :4 : WA.No. 1678 of 2010() 32. TRAVANCORE MEDICAL COLLEGE, MYLAPORE, UMAYANALLOOR PO, KOLLAM. 33. SREE GOKULAM MEDICAL COLLEGE & RESEARCH FOUNDATION VENJARAMOODU, THIRUVANANTHAPURAM. 34. DR. SOMERVELL MEMORIAL C.S.I. MEDICAL COLLEGE, KARAKONAM, THIRUVANANTHAPURAM. 35. MALABAR MEDICAL COLLEGE & RESEARCH CENTRES, MUDAKKALLOOR ATHOLI, KOZHIKODE. R33 AND 35 BY MR. K.P. DANDAPANI, SR. ADVOCATE ADV. MR. SANTHOSH MATHEW R26 BY ADV. SRI.A.ABDUL KHARIM R23 SR. GOVERNMENT PLEADER ADV. SMT. K. MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, CJ & P.R. RAMACHANDRA MENON, J. .............................................................................. W.A.No.1678 OF 2010 ......................................................................... Dated this the 30th September, 2010 J U D G M E N T J. Chelameswar, CJ. Aggrieved by the common interim order dated 27.10.2010 to a number of Writ Petitions, Respondent No.4 in the Writ Petition No. 29587 of 2010 has preferred this appeal. 2. The brief facts of the case are that the writ petitioners are students seeking for admissions to the medical colleges run by Private Managements in the State of Kerala. Admission to such colleges is determined by Common selection process. There was an agreement between the State of Kerala and the Private Managements to share the available seats every year at a definite proportion. It is also agreed between the State and the Managements that out of the total available seats certain percentage of the seats are to be filled by the State following appropriate procedure specified therein and certain percentage W.A.No.1678 OF 2010 2 of the seats are to be filled by private managements 3. Ext.P2 is the prospectus issued by the Kerala Private Medical College Management Association for admission to MBBS, 2010, which specifies at para 3.2 as follows: “3.2. Fee Structure and Bank Guarantee: a) Annual Tuition fees Rs. 5.5 lakhs (Rupees Five and Half Lakhs only) b) Interest free refundable caution deposit Rs.5 lakhs (Rupees Five Lakhs only) c) Candidates shall submit before the College concerned bank guarantee for Rs. 22 lakhs (Rupees Twenty Two Lakhs only ) for five years towards tuition free for the remaining 4 yrs obtained from a Nationalized Bank. ” 4. The dispute in the instant appeal and the corresponding Writ Petition is regarding the legality of sub clause © of the above mentioned clause 3.2. In other words, the writ petitions were filed challenging the legality of the clause, which stipulated that a candidate, in order to secure admission should not only fulfil various other conditions, such as going through the competitive examination etc., but should also submit to the college concerned a Bank Guarantee for a sum of Rs.22 lakhs. The said amount represents the total tuition fee for the remaining years after the first year of the course. Such a deposit W.A.No.1678 OF 2010 3 is required to be made by way of Bank Guarantee to be obtained from a Nationalised Bank. 5. By the order impugned in this appeal, the learned Single Judge of this Court held as follows: “6. Therefore the petitioners have made out a case entitling them for an interim order directing that the petitioners who are included in the ranked list published by the Management Association shall be considered for allotment without insisting on furnishing bank guarantee as provided in clause 3.2(c) of the prospectus and there will be an order to that effect . It is made clear that any admission granted based on this interim order will be provisional and subject to further orders from this Court. It is also directed that on allotment petitioners shall execute a bond in favour of the respective colleges to which they are allotted undertaking to furnish Bank Guarantee as provided in the prospectus in the event the writ petitions are ultimately dismissed by this court.” In other words, the learned Single Judge directed that the petitioners be considered for allotment of the seats without insisting for Bank Guarantee referred to supra . 6. As a matter of fact, of the total 237 candidates, who are declared to be eligible to secure admission under the category of Management quota, it is stated that 202 students have already W.A.No.1678 OF 2010 4 furnished Bank Guarantee pursuant to the stipulation contained in the prospectus. The petitioners are fully aware of the stipulation in the prospectus. In the said circumstance, we are of the opinion that that it is not a case where the balance of convenience can be definitely said to be in favour of the petitioners. The petitioners, if succeed in the Writ Petition can obviously withdraw their Bank Guarantee. In the circumstance, we are of the view that it is appropriate to dispose of the appeal setting aside the order impugned in the appeal. In view of the fact that the liability to furnish Bank Guarantee necessarily involves huge financial commitment, we direct that the connected Writ Petitions be listed for hearing on 18.10.2010 before the appropriate Bench. 7. We are also of the opinion that, the writ petitioners be given some reasonable time to furnish Bank Guarantee since today happens to be the last day for completing the admission. We are informed by the learned Counsel for the Writ Petitioners/respondents 1 to 22 herein that, as a part of working arrangement, they have already given not only an undertaking W.A.No.1678 OF 2010 5 to safeguard Rs.22 lakhs, but also issued cheques in favour of the respective managements for the said amount. We therefore direct the petitioners to furnish Bank Guarantee within a period of one week from today. On furnishing such Bank Guarantee, the Management shall return the above mentioned cheques to the Writ Petitioners. J. CHELAMESWAR, CHIEF JUSTICE. P.R. RAMACHANDRA MENON, JUDGE. lk In the second sentence of the 4th paragraph of the judgment dated 30.09.2010, after the words, “the writ petitions were filed”, and before the word “challenging” the words “inter alia” are inserted, as per order dated 05.10.2010 in R.P. 892/2010 in W.A.1678/2010. Sd/- Registrar (Judicial)