IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WA.No. 1914 of 2006(B) -------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27192/2004 Dated 14/08/2006 .................... APPELLANT: PETITIONERS IN THE OP --------------------- 1. CHRISTY NAINAN, S/O. P.V.NAINAN, POOZHIKUNNEL HOUSE, PERUMBAIKAD P.O., KOTTAYAM. 2. SUBIN JOSE, PYMPILLIL HOUSE, RAMAPURAM BAZAR P.O., KOTTAYAM. 3. MANJU K.M., KAKKANATTUTHADATHIL HOUSE, MANALITHARA P.O., KOLATHASSERY, THRISSUR DISTRICT. 4. SARATH LAL P.O., PALLIVEEDU, MUHAMMA P.O., CHARAMANGALAM, ALAPPUZHA. 5. AJITH KUMAR V., VELUTHERI HOUSE, P.O.THAVAM, CHERUKUNNU VIA., KANNUR. 6. RENJITH J. RADHALAYAM, ERAMATHOOR P.O., MANNAR, ALAPPUZHA DISTRICT. BY ADV. SRI.T.I.DANIEL RESPONDENTS: RESPONDENTS IN THE OP ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF TECHNICAL EDUCATION, TRIVANDRUM. 2. THE SECRETARY TO THE HIGHER EDUCATION, (L)DEPARTMENT, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, COLLEGE OF ENGINEERING, POONJAR, KOTTAYAM. BY ADV. SRI.N.N.SUGUNAPALAN, SC, IHRDE - R3 SRI.S.SUJIN, SC, IHRD - R3 BY GOVERNMENT PLEADER SRI.SANDESH RAJA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== W.A.No.1914 of 2006 ===================== Dated this the 2nd day of June, 2008. JUDGMENT Koshy,J. The petitioners are diploma holders in various subjects. The Government has conducted a Lateral Entry Test for the year 2004 from the various Diploma Holders to be admitted in B. Tech Course in various Colleges. The appellants - petitioners were selected and they joined the third respondent's College under the Lateral Entry scheme. They are coming from low income group where the monthly income is below Rs.6,000/-. 2. Ext.R3(b) dated 19.6.2003 provides as follows: "2. Accordingly, Government are now pleased to order that the annual fee for students admitted to B.Tech Course under Government seats in self financing Engineering Colleges is reduced and fixed as Rs.18,000/- (Rupees Eighteen thousand only) per year in respect of students whose family income is Rs.60,000/- and below. WA 1914/06 -: 2 :- 3. Government are also pleased to order that in modification of the order in para (3) of the Government Order cited, the allotment of seats in self financing institutions will be finalised in two rounds." Therefore, even though the fee fixed was Rs.36,000/- for self financing Colleges, those who are admitted in the Government quota as low income group students were granted a concession of Rs.18,000/-. The petitioners were admitted under Exts.R3 (c) and R3(b) wherein it is stated that the fee payable is Rs.36,000/-. But the same was mentioned in Ext.R3(e) also. Ext.R3(b) benefit was extended to the low income group of students who were admitted in the year 2004-2005 by Ext.R3(f), whose family income is below Rs.60,000/-. Ext.R3(f) reads as follows: "The benefit of reduction of fee to the low income group as ordered in the G.O.(Rt) No.869/03/H.Edn. dt. 19.6.2003 was extended to the low income group of students admitted in the Government quota by the Directorate of Technical Education under Lateral Entry Programme during the last year (2003-04). The Directorate of Technical Education vide their letter referred above have WA 1914/06 -: 3 :- requested to follow the fee structure for the year 2003-04 to the Lateral Entry students admitted in the year 2004-05 until further orders from the Government. Based on the above direction from the Directorate of Technical Education, I request you to extend this benefit to the students admitted under Government quota by the Directorate of Technical Education during 2004-05 in case they produce valid Income Certificate below Rs.60,000/- from competent revenue authority as was done during last year under intimation this office." 3. Therefore, the fee payable is only Rs.18,000/- per year. The petitioners passed the degree, but their results were withheld and degree is not given. According to the petitioners, the fee payable is Rs.4,000/- only as in Government Colleges the Government allowed the students to pay only Rs.4,000/- towards fee. According to the respondents, the fee payable is Rs.36,000/- for the Lateral Entry scheme students. But the Government did not consider the effect of Ext.R3(f) read with the earlier notification. The third respondent - College is not a Government College, but a self financing College and therefore, they are bound to pay fee as mentioned in Ext.R3(b) and as explained in WA 1914/06 -: 4 :- Ext.R3(f). Therefore the tuition fee payable is Rs.18,000/- and not Rs.4,000/- as claimed by the petitioners and not Rs.36,000/- as claimed by the respondents. If the balance fee is paid their results should be published. The Writ Appeal is disposed of as above. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 3/6