IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 29689 of 2010(I) -------------------------- PETITIONER: --------------- PRASAD A.D.,AGED 25,IIIRD SEMESTER, M.TECH STUDENT COMPUTER SCIENCE, TOC H INSTITUTE SCIENCE & TECHNOLOGY, ARAKKUNNAM P.O.,ERNAKULAM, KERALA, S/O.DAMODARAN, RESIDING AT ARIVELIL VEEDU, ELAJI P.O.,ERNAKULAM BY ADV. SRI.C.N.SAMEER RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY ITS PRINCIPAL SECRETARY,DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 2. PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, SC/ST DEVELOPMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 3. PRINCIPAL, TOC H INSTITUTE OF SCIENCE AND TECHNOLOGY, ARAKKUNNAM, ERNAKULAM-682313 BY SPL. GOVERNMENT PLEADER ADV. MR. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29689 of 2010(I) APPENDIX PETITIONER'S EXHIBITS: EXT. P1 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR , TALUK OFFICE, MUVATTUPUZHA DATED 14.06.2010 EXT.P2 : TRUE COPY OF APPROVAL FROM ALL INDIA COUNCIL FOR TECHNICAL EDUCATION DATED 20.08.2009 ISSUED TO 3RD RESPONDENT. EXT.P3 : TRUE COPY OF THE NO-OBJECTION CERTIFICATE ISSUED TO 3RD RESPONDENT BY COCHIN UNIVERSITY DATED 26.09.2009 EXT.P4 : TRUE COPY OF THE ADMINSITRATIVE SANCTION ISSUED TO 3RD RESPONDENT BY THE 1ST RESPONDENT DATED 05.10.2009 EXT.P5 : TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN MANAGER OF 3RD RESPONDENT INSTITUTE AND 1ST RESPONDENT. EXT.P6 : TRUE COPY OF THE No Objection Certificate ISSUED BY THE 1ST RESPONDENT DATED 30.10.2009 TO THE 3RD RESPONDENT'S INSTITUTION EXT.P7 : TRUE COPY OF THE LETTER DATED 20.04.2010 ISSUED BY THE DISTRICT OFFICER, SC/ST DEVELOPMENT OFFICE, ERNAKULAM EXT.P8 : TRUE COPY OF THE LETTER DATED 21.07.2010 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. EXT.P9 : TRUE COPY OF THE LETTER ISSUED FROM CHIEF MINISTER'S OFFICE TO THE PETITIONER. EXT.P10 : TRUE COPY OF LETTER NO. KL/E/12/7/2010(H Qrs) DATED 29.07.2010 ISSUED TO 2ND RESPONDENT. EXT.P11 : TRUE COPY OF R EPRESENTATION SENT TO VARIOUS AUTHORITIES BY THE PETITIONER DATED 17.09.2010. EXT.P12 : TRUE COPY OF THE RELEVANT PAGE OF THE RATION CARD OF THE PETITIONER'S FAMILY. EXT.P13 : TRUE COPY OF FEE STRUCTURE ISSUED BY THE 3RD RESPONDENT DATED 17.12.2009 EXT.P14 : TRUE COPY OF G.O.(P[) 50/2009/SC/ST D.DEP DATED 02.07.2009 EXT.P15 : TRUE COPY OF PROSPECTUS FOR ADMISSION TO M.TECH PROGRAMME IN THE INSTITUTE OF HUMAN RESOURCE DEVELOPMENT ESTABLISHED BY GOVERNMENT OF KERALA FOR MODEL ENGINEERING COLLEGE, KOCHI. EXT.P16 : TRUE COPY OF RELEVANT PAGES OF 'E-GRANTZ' SCHEME OF RESPONDENT NO.2 DOWNLOADED FROM WORLD WIDE WEB DATED 30.09.2010. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 29689 OF 2010 ......................................................................... Dated this the 28th February , 2011 J U D G M E N T The petitioner has approached this Court with the following prayers: “i) a declaration declaring that the petitioner is entitled to fee concession with retrospective effect as per the rules, regulations and conditions of 1st respondent has been complied by 3rd respondent as stipulated in paragraph 2 of Ext.P6 order; ii) a writ of mandamus or other appropriate writ order or direction directing the 2nd respondent to grant prescribed fund for the petitioner's tuition fee and release it to 3rd respondent ; iii) a writ of mandamus or other appropriate writ order or direction directing the 2nd respondent to act according to Ext.P10 direction forthwith. iv) any other appropriate writ order or direction directing the 1st and 2nd respondents facilitating petitioner to avail fee concession which this Honourable Court deem fit and just as per the facts and circumstances of the case; v) award costs and render justice. “ 2. The learned Spl. Government Pleader appearing for the W.P.(C) No. 29689 OF 2010 2 respondents, on instruction, submits that the request of the petitioner was turned down because of the then Government Order which, however, has undergone substantial change in view of the Government Order, G.O.(P)No.146/2011/SC/ST Dep. dated 03.02.2011, on the basis of which the claim of the petitioner can be re-considered. It is also stated that necessary fee has also been stipulated in this regard, as per the relevant orders. 3. In the above circumstances, the second respondent is directed to consider the matter afresh in the light of relevant Government Order/proceedings and appropriate orders shall be passed in accordance with law, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of the judgment. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk