IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 7481 of 2008(N) ------------------------- PETITIONER(S): --------------- PARASSINIKKADAVU AYURVEDA MEDICAL COLLEGE, PARASSINIKKADAVU P.O., KANNUR, REPRESENTED BY ITS PRINCIPAL. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, TRIVANDRUM. 2. THE FEE REGULATORY COMMITTEE FOR PROFESSIONAL COURSES IN KERALA, OLD HIGH COURT BUILDING, ERNAKULAM. 3. SEETHA C., D/O. DR.V.CHANDRAN, MITHILA, NANMUNDA P.O., KOZHIKODE. 4. SAFNA N., D/O. N.KADER, NAYADATH HOUSE, KOTTAMPARAMBA P.O., KOZHIKODE. 5. SRUTHI RAJ, D/O. SUDHARMA RAJU, RAJA NIVAS, SAKTHIKULANGARA, KOLLAM-3. 6. APARNA M., ANJALI, CHAKKAYATH MUKKU, P.O.TEMPLE GATE, THALASSERY. 7. MARY LIBA BARRID, D/O. C.J.BARRID, CHAKKALAKKAL HOUSE, 14/534, WEST CHULLICKAL, COCHIN. 8. JAYALEKSHMY T.D., D/O. T.R.RAMACHANDRAN, SRK VILAS, PULIYANNUR P.O., KOTTAYAM. 9. P.ARCHANA, D/O. SATHIAN, LEKSHMI NIVAS, ARIYALLUR P.O., PARAPPANANGADI, MALAPPURAM. 10. PRIYA T.P., D/O. RADHAMANI T.P., LOHITHAM, NADUVIL P.O., KANNUR. 11. DEEPA K., D/O. K.KUNHIRAMAN NAMBIAR, DEEPAM, KODAKKAD P.O., KASARAGOD. 12. DIVYA A., D/O. A.GOPALAN, CHITHIRA, CHUZHALI P.O., KANNUR. 13. DIVYA C.BALAN, D/O. C.K.GEETHA, SREELAYA, 7TH MILE, KUTTIKKOL, P.O.TALIPARAMBA. 14. SOUMYA E.A., D/O. MADHAVAN NAMBOODIRI E.A., E.A.NIVAS, NEAR RAJARAJESWARA TEMPLE, KANNUR. 15. ANJALI DEVI, NANDANAM, MANKAVU P.O., KOZHIKODE. 16. SREEBHA A., SREEPURAM, VENGAD P.O., ANJARAKANDY (VIA), KANNUR. 17. SHAFNA V., SHAFNA HOUSE, CELLANNUR P.O., KOZHIKODE. 18. NAVEEN C.R., S/O. P.CHANDAR, RECHANA, PUTHUPPALLIKUNNAM, CHARUMMOOD-690 505. ADV. SRI.K.RAMACHANDRAN FOR R3,4,7,8&10-14 SRI.S.SREEDEV FOR R3,4,7,8&10-14 G.P. SHRI.P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2009, ALONG WITH WPC NO. 35492 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No. 7481/08. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE ORDER DATED 11.6.04. P2. COPY OF THE GOVT. ORDER DTD.12.9.03. P3. COPY OF THE JUGEMENT IN W.P.(C). No. 35101/04. P4. COPY OF THE ORDER DTD.27.9.04. P5. COPY OF THE ORDER DTD.28.2.06. P6. COPY OF THE ORDER DTD.28.2.06. P7. COPY OF THE ORDER DTD.18.10.07. P8. COPY OF THE JUDGMENT IN W.P.(C). No. 17185/2006. P9. COPY OF THE JUDGMENT IN W.A.NO.2225/07. P10. COPY OF THE PETITION BEFORE R2 DTD.13.10.07. P11. COPY OF THE STATEMENT FILED BY THE PETITIONER DTD.5.12.07. P12. COPY OF THE REJOINDER DTD.26.12.07 BEFORE R2. P12A. COPY OF THE ORDER DTD.15.2.08 OF R2. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).Nos.7481 & 35492 of 2008 ================== Dated this the 19th day of August, 2009 J U D G M E N T W.P.(C).No.7481/2008 is filed by the Parassinikkadavu Ayurveda Medical College, challenging Ext.P12 order of Justice P.A. Muhammed Committee, by which, the Committee decided that the petitioners in W.P.(C).No.35492/2008 are liable to pay fees for the years 2004-05 and 2005-06 at the rate of Rs.1200/- as collected at the time of admission for the first year, viz., 2003-04 and not the fee fixed by Justice K.T.Thomas Commission for the years 2004-05 and 2005-06. W.P.(C).No.35492/2008 is filed by the students of the petitioner College in W.P.(C). No.7481/2008, at a time when the college refused to permit them to undergo internship unless the students pay fees at the rate fixed by Justice K.T.Thomas Commission. According to the students, who joined the course in 2003-04, they are liable to pay fees for the entire course only at the rate prevailing in 2003-04, which is Rs.1200/-. They would submit that the fees fixed by Justice K.T.Thomas Commission as Rs.45,500/- would be payable by the students who were admitted during 2004-05 and 2005-06. They would, therefore, submit that as a condition for enabling them to undergo internship, they are not liable to pay any additional fees as demanded by the college. W.P.C.7481/08 & CC. 2 2. In W.P.(C). No.35492/2008, the college was directed to permit the students to undergo internship paying the fees as fixed by Justice P.A.Muhammed Committee and furnish bank guarantee for the balance amount as demanded by the college. They have furnished bank guarantee accordingly. Now the question to be decided is as to whether the college is entitled to recover from the petitioners fee at the rate fixed by Justice K.T.Thomas Commission. 3. This case has a previous history as well. The students approached this Court by filing W.P.(C).No.17185/2006 against the demand for fees for second and third years at the rate fixed by Justice K.T.Thomas Commission. In that writ petition, by judgment dated 2.8.2006, relying on a Division Bench decision of this Court in Sandeep v. State of Kerala reported in 2005 (1) KLT 549, I held that the students are liable to pay fees as fixed by Justice K.T.Thomas Commission for the subsequent years of their course and dismissed the writ petition. That judgment was taken in appeal in W.A.No.2225/2007. After arguing the appeal for some time, the petitioners submitted before the Division Bench that for the present they may be permitted to approach the Fee Regulatory Committee constituted by the State Government for fixation of the fee structure for the B.A.M.S. Course in the 4th respondent's college and to withdraw the writ appeal for the present. That request was granted W.P.C.7481/08 & CC. 3 and the petitioners were permitted, if they so wish, to approach the said Committee for fixation of fee structure in self financing colleges. The Division Bench further directed that if and when the petitioners/appellants approach the Fee Regulatory Committee, it will look into the grievances of the petitioners/appellants and will pass appropriate orders in accordance with law. It is pursuant to the same, those students approached Justice P.A.Muhammed Committee, which resulted in the order impugned in W.P.(C). No.7481/2008 (hereinafter referred to as the order impugned). According to the students, since the Division Bench of this Court had permitted them to approach Justice P.A.Muhammed Committee, Justice P.A.Muhammed Committee had power to decide the issue, which has been so decided and, therefore, the students are not liable to pay any further fees other than Rs.1200/- which they have already paid. 4. On the other hand, the college would contend that for the years 2004-05 and 2005-06, the authority to fix fees in medical colleges in the State of Kerala was Justice K.T.Thomas Commission and not anybodyelse. The fee fixed by the said Committee is binding on all concerned. Justice P.A.Muhammed Committee was appointed pursuant to the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-explorative Fee and Other Measures to Ensure Equity and Excellence in W.P.C.7481/08 & CC. 4 Professional Education) Act, 2006, which came into force only with effect from 2.7.2006. According to them, in that Act, fee is defined to mean all fees including tuition fee, development fee and any other fee fixed by the Fee Regulatory Committee as per Section 2(e) thereof. They would further contend that as per Section 6(4)(a), the Fee Regulatory Committee appointed under that Act, shall have powers to require each unaided professional college or institution to place before the Committee the proposed fee structure of such college or institution with all relevant documents and books of accounts for scrutiny well in advance of the commencement of the academic year, ie., not later on than 31st December, of the previous academic year. Therefore, according to them, the power of the Committee appointed under that Act was only prospective in nature and such Committee had no power to decide fees for earlier years, which in any event, was within the exclusive jurisdiction of Justice K.T.Thomas Commission. They would further contend that in so far as in W.P.(C).No.17185/2006 the very same issue had been decided against the petitioners, which has not been interfered with by the Division Bench in W.A.No.2225/2007, that judgment is binding on the students. Although the Division Bench had permitted them to approach Justice P.A.Muhammed Committee, the Committee could have decided that matter only if that Committee had power to do so, which the Committee does not. They would, W.P.C.7481/08 & CC. 5 therefore, submit that the students are liable to pay fees as fixed by Justice K.T.Thomas Commission. 5. I have considered the rival contentions in detail. 6. The question as to whether the students who were admitted for the year 2003-04 are liable to pay fees fixed by Justice K.T.Thomas Commission for the years 2004-05 and 2005-06 came up for consideration of a Division Bench of this Court in Sandeep's case (supra). In that judgment, the Division Bench held that the students who got admission during 2003-04 are liable to pay fees at the rate fixed by Justice K.T.Thomas Commission for the year 2004-05 onwards. That decision has not been interfered with by a higher court. In fact, it is following that judgment, I, in W.P.(C). No. 17185/2006, held that the students in this case are liable to pay fees at the rate fixed by Justice K.T.Thomas Commission. My judgment has also not been interfered with by the Division Bench in the appeal. On the other hand, the students chose to withdraw the writ appeal with permission to approach Justice P.A.Muhammed Committee. Although that Division Bench had directed Justice P.A.Muhammed Committee to look into the grievance of the students, I think that that judgment cannot clothe Justice P.A.Muhammed Committee with power, they did not have. As pointed out by the learned counsel for the college, Justice P.A.Muhammed Committee having been appointed in accordance with W.P.C.7481/08 & CC. 6 Act 19 of 2006, they can have jurisdiction only as conferred by that Act. The Fee Regulatory Committee's powers have been defined in Section 6(4) (a) of that Act, which reads thus: “6. Fee Regulatory Committee.- xxx xxx xxx (4) The Fee Regulatory Committee shall have power to: (a) require each unaided professional college or institution to place before the committee the proposed fee structure of such college or institution with all relevant documents and books of accounts for scrutiny well in advance of the commencement of the academic year i.e., not later than 31st December of the previous year:” The powers so granted do not include the power to fix fees for previous years. In fact Justice K.T.Thomas Commission was appointed by the Supreme Court of India for the specific purpose of fixing fees for medical colleges in the State for the year 2004-05 onwards. The said Commission has fixed such fees also. If Justice P.A.Muhammed Committee has to say that fees are not payable, they should have appellate powers against the decision of Justice K.T.Thomas Commission, which they do not have. Therefore, Justice P.A. Muhammed Committee did not have jurisdiction to decide fees for the years 2004-05 and 2005-06. 7. The question as to whether the students who are admitted during the year 2003-04 are liable to pay fees at the rate fixed by Justice K.T.Thomas Commission for the year 2004-05 onwards has already been decided by a Division Bench of this Court in Sandeep's W.P.C.7481/08 & CC. 7 case (supra). That being so, Justice P.A.Muhammed Committee could not have taken a decision contrary to that decision also. Therefore, the decision of Justice P.A.Muhammed Committee is without jurisdiction. Accordingly, Ext.P12 in W.P.(C). No.7481/2008 is quashed and the writ petition is allowed. W.P.(C). No.35498/2008 seeking implementation of that order is dismissed. It is declared that the petitioners in W.P.(C). No. 35498/2008 are liable to pay fees as fixed by Justice K.T.Thomas Commission for the years 2004-05 and 2005-06. It would be open to the college to encash the bank guarantees furnished by the students as a condition for the interim order, for realising the fees. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge