IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 7655 of 2011(F) ------------------------- PETITIONER: --------------- 1. SURYA.A.S.(MINOR), REPRESENTED BY HER NEXT FRIEND, MOTHER K.AMBIKA, SURYA BHAVAN, PLAMKUDIKAVU, KOOTHALI.P.O., THIRUVANANTHAPURAM. 2. K.RAMABHADRAN, KOTTAYIL VEEDU, VELLARADA, VELLARADA.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.V.SUNIL KUMAR (PANACHAMOODU) RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEO MEDICAL COLLEGE, IRANIMUTTOM, THIRUVANANTHAPURAM. 3. PRINCIPAL, DR.A.K.B'S MISSION TRUST, KOYILANDY, MUDAKKALLOOR.P.O., KOZHIKKODE. 4. DR.A.K.B'S MISSION TRUST, REPRESENTED BY ITS SECRETARY, CORPORATE OFFICE, MUDAKKALLOOR.P.O., KOZHIKODE. 5. DR.AJAYAKUMAR BABU (DR.A.K.B.), TUTOR, GOVERNMENT HOMOEO MEDICAL COLLEGE, KOZHIKODE, RESIDING AT THAVARAKKALLIL HOUSE, MUDAKKALLOOR.P.O., KOYILANDY, KOZHIKODE. R1 AND R2 BY GOVERNMENT PLEADER ADV.MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C)No. 7655 OF 2011 ......................................................................... Dated this the 18th March , 2011 J U D G M E N T The petitioners have approached this court with the following prayers: “ i. Declare that the 1st petitioner is liable to pay Rs.25,500/- as stipulated in Ext.P4 approved prospectus towards fee for the Nurse Cum Pharmacist Course in Homoeopathy 2010-2011 in the college run by the 4th respondent; ii. issue a writ in the nature of mandamus or any other writ, direction or order directing respondents to allow the 1st petitioner to continue her Nurse cum Pharmacist course in Homoeopathy 2010-2011 by attending the regular classes and complete the course of study leading to Nurse cum Pharmacist Training in Homoeopathy Certificate; iii. issue a writ in the nature of mandamus or any other writ, direction or order directing the respondents 3 & 4 to reimburse the excess amount of Rs.29,500/- collected in excess of Ext. P4 approved prospectus; iv. issue a writ in the nature of mandamus or any other writ, direction or order directing respondents 1 & 2 to take action including action to cancel the grant of permission for the conduct of W.P.(C)No. 7655 OF 2011 2 course and further direct the 2nd respondent to directly conduct the course and conduct examination of students, who are admitted for the Nurse Cum Pharmacist Course in Homoeopathy 2010-2011 by the 4th respondent; v. Issue a writ in the nature of mandamus or any other writ, direction or order directing respondents 1 & 2 to take immediate action on Exts. P10 to P14 within such time as may be fixed by this Honourable Court; vi. issue a writ in the nature of mandamus or any other writ, direction or order directing respondents 2 & 3 that the 1st petitioner is secured from the harassment of 5th respondent demanding withdrawal of complaints; and v. to issue such other writ, direction or order as deemed fit; 2. The learned Counsel for the petitioners submits that the first petitioner is not actually residing in the hostel of the aforesaid respondents and is residing elsewhere. The petitioners' case is that the first petitioner having satisfied the full tuition fee, no further amount shall be demanded so as to enable her to continue the studies. The learned Counsel for the respondents 3 and 4 submits that there is no grievance for them that further W.P.(C)No. 7655 OF 2011 3 tuition fee is liable to be satisfied by the petitioners and that the dispute is only with regard to the fee for providing hostel accommodation. 3. Heard the learned Government Pleader for respondent Nos. 1 and 2 and the learned counsel appearing for the respondents 3 and 4, who, on instruction, submits that the first petitioner can be permitted to continue her studies in the college . However, she can be permitted to continue in the hostel only in respect of the amount which she has already satisfied and until such amount is exhausted. The said submission is recorded and respondents 3 and 4 are permitted to act accordingly. It is open to the petitioners to decide whether the first petitioner should continue in the hostel availing the benefits provided by the respondents paying the requisite fee as stipulated by the Institution. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk