IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 WP(C).No. 25267 of 2010(G) -------------------------- PETITIONER: --------------- SUJITHRA.N.S, AGED 22 YEARS, D/O.SUKUMARAN, NERNAMANAKKAL HOUSE, PAINGARAPILLY P.O., TURUTHIKKARA, ERNAKULAM-682 314. BY ADV. SRI.M.R.SUDHEENDRAN RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-1, PIN-695 001. 2. THE DIRECTOR OF HEALTH SERVICE, OPP GOVT. HOSPITAL, THIRUVANANTHAPURAM-1, PIN-695 001. 3. THE DIRECTOR, BHARATH MATHA COLLEGE OF MEDICAL TECHNOLOGY, KURAVILANGAD, KOTTAYAM, PIN-686 633. 4. THE PRINCIPAL, BHARATH MATHA COLLEGE OF MEDICAL TECHNOLOGY, KURAVILANGAD, KOTTAYAM, PIN-686 633. G.P. SRI.K.C.SANTHOSH KUMAR FOR R1&2 ADV. SRI.RAJEEV V.KURUP FOR R3 & 4 SRI.ALEX.M.SCARIA FOR R3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ALONG WITH W.P.(C) NO.26509/2010 ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 25267/10) PETITIONER'S EXHIBITS: P1: TRUE COPY OF PROSPECTUS DT.21.8.2008. P2: TRUE COPY OF RECEIPT DT.20.11.2008. P3: TRUE COPY OF RECEIPT DT.2.12.2008. P4: TRUE COPY OF RECEIPT DT.18.2.1010. P5: TRUE COPY OF REPRESENTATION DT.31.3.2010 SUBMITTED BY PETITIONER. P6: TRUE COPY OF ACKNOWLEDGEMENT LETTER DT.12.4.2010 OF FIRST RESPONDENT. P7: TRUE COPY OF ACKNOWLEDGEMENT LETTER OF GOVT. OF KERALA. RESPONDENT'S EXHIBITS: R3A: PROSPECTUS BHARATH MATHA COLLEGE OF MEDICAL TECHNOLOGY. R3B: THE RELEVANT PAGES OF THE PROSPECTUS 2010 ISSUED BY THE MED. R3C: COPY OF LETTER DT.12.12.09 ISSUED TO THE MANAGERS OF THE SELF FINANCING PARAMEDICAL COLLEGES. R3D: RELEVANT PAGES OF THE MINIMUM STANDARD INSTRUCTIONS FOR PARA MEDICAL COURSES. R3E: LETTER DT.19.11.2010 ISSUED BY R2. TRUE COPY PS TO JUDGE C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... W.P.(C) Nos.25267 & 26509 of 2010 .................................................................... Dated this the 17th day of January, 2011. JUDGMENT Ramachandran Nair, J. The Writ Petitions are filed by students who joined Diploma Course in Health Inspector in the Bharath Matha College of Medical Technology, Kuravilangad. The fees agreed between the Government and the management for students admitted in the merit quota was Rs.4,000/- each for each of the years. However, the case of the petitioners is that Rs.20,000/- is collected from each one of them. Therefore, there is excess collection of as much as Rs.12,000/-. We have called for a report from the Government Pleader and he has confirmed that the allegations are true. The case of the petitioners is that when the excess fee collection was questioned, the management tried to implicate them in false criminal cases. In view of the report submitted by the Government, we feel action is called for against the management for violation of the terms of agreement with the Government. It is also to be found out as to whether there is excess WPC 25267&26509/2010 2 collection of fee from other students admitted in the merit quota. Even though counsel appearing for the management denied the allegations, we do not think there is any bonafides in the denial. In any case Government is the concerned authority to take appropriate action against the management for violations and if the courses are not run on a regular basis, then to withdraw the recognition/approval granted to the institution. Inspection and detailed enquiry is also called for on working day when the institution is running. Writ Petitions are accordingly disposed of declaring the eligibility of the petitioners to get refund of excess fee paid. Further, the petitioners are allowed to continue their course study in the second year for the period they absented, make up the attendance and write the examinations. One of the petitioners apprehend that the management will further harass her and therefore, counsel submitted that she is unwilling to go to the institution. We do not think there is any need to apprehend any further harassment and if management harasses any of the students, they are free to approach this court for appropriate relief. We direct the management to correct themselves and to ensure that petitioners are WPC 25267&26509/2010 3 allowed to continue their course study and write the examination and if they are victimised, they will be made to pay for it. Government is directed to complete the enquiry and get refund of the excess fee to the petitioners within a period of three months from now. On production of a copy of this judgment, the institution will allow the petitioners to continue their study. In fact, they can attend the course for the period they discontinued studies and no fee should be demanded from the petitioners for the period they are allowed to attend the course as directed above. Writ Petitions are disposed of as above. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms