IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WA.No. 1554 of 2010() -------------------- JUDGEMENT/ORDER IN WPC.9870/2010 Dated 06/07/2010 ................... APPELLANT / PETITIONER : -------------------------------------- SANTHIGIRI AYURVEDA MEDICAL COLLEGE, OLASSERY, PALAKKAD, REPRESENTED BY ITS MANAGER T.P.ANIL. BY ADVS. SRI.N.SUKUMARAN, SENIOR ADVOCATE SRI.S.SHYAM SRI.N.K.KARNIS SRI.BOBBYMATHEW KOOTHATTUKULAM RESPONDENTS / RESPONDENTS : ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE HIGHER EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. COMMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-1, PIN-673 573. 3. GEORGE CHACKO.C, CHOONDAL HOUSE, VAZHAPPARAMBIL LANE, LALOOR, ELTHURUTHU.P.O, THRISSUR-680 611. 4. SAHEERA.V.M, SANTHIGIRI AYURVEDAMEDICALCOLLEGE, OLASSERY, PALAKKAD-678551. 5. DHANUSHA.P, SANTHIGIRI AYURVEDA MEDICAL COLLEGE, DO. DO. 6. ATHIRA.K.M,SANTHIGIRI AYURVEDA MEDICAL COLLEGE, DO. DO. 7. HONE.S,SANTHIGIRI AYURVEDA MEDICAL COLLLEGE, DO. DO. ...2/- WA.No. 1554 of 2010 -2- 8. NIMMI GEORGE,SANTHIGIRI AYURVEDA MEDICAL COLLEGE, DO. DO. 9. DERINA GEORGE,SANTHIGIRI AYURVEDA MEDICAL COLLEGE, DO. DO. 10. NEETHU,SANTHIGIRI AYURVEDA MEDICAL COLLEGE, DO. DO. 11. GAYATHRI CHANDRAN, DO. DO. DO. 12. SHAFEENA.I, DO. DO. DO. R1 & R2 BY GOVT. PLEADER SMT. K. MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------- W.A No.1554 of 2010 -------------------------- Dated this the 14th September, 2010 J U D G M E N T Ramachandran Nair, J. This appeal is filed against an interim order issued by the learned Single Judge vacating the stay earlier granted in favour of the writ petitioner who is the appellant herein. Ten students- respondents herein in the 4th year of the Ayurveda Degree Course joined the appellant's college in August 2008. When they joined, already Ext.P1 agreement dated 17.6.2007 and the general order of Mohammed Committee dated 13.7.2007 were in force. In spite of the same, these students remitted Rs.50,000/- each towards fees in each of the three year course. They approached the Mohammed Committee for reduction in fees based on Ext.P1 agreement executed between the appellant along with others and the Government. Appellant's case is that agreement is superseded by later orders of the Government and so W.A No.1554 of 2010 2 much so they have not even collected Rs.1 lakh as security deposit, which even according to the respondents, they were bound to pay. On the other hand appellant's case is that fee is payable strictly in terms of the Government Order which has superseded Ext.P1 agreement. 2. After hearing both sides, we feel that matter requires detailed consideration. However, we feel that appellant is entitled to retain the stay originally obtained from the learned Single Judge because the agreement and the orders relied on by the respondents for payment of reduced amount of fee were already there when they joined the college. But they did not press for such reduced fees when they joined the college and for the next three years. 3. In the circumstances, we allow the writ appeal by vacating the impugned interim order of the learned Single Judge and by restoring the stay granted by the learned Single Judge vide order dated 24.3.2010 which will remain in force till the disposal of the writ petition. W.A No.1554 of 2010 3 Parties can move the learned Single Judge for early hearing of the writ petition. C.N.RAMACHANDRAN NAIR JUDGE K.SURENDRA MOHAN JUDGE ma