IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 214 of 2008(A) ------------------------------- PETITIONER(S): --------------- SINI STANLEY C., D/O.C.STANELY, AGED 22 YEARS, 34/460, POURNAMI, THADATHIL PARAMBU VENGERI AMSOM, NEDUNGOTTUR DESOM, MADHURAVANAM CROSS ROAD, P.O. CIVIL STATION, CALICUT-673 020. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): --------------- 1. UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002, REPRESENTED BY ITS JOINT SECRETARY. 2. U.G.C. SELECTION AND AWARDS BUREAU, DELHI UNIVERSITY SOUTH CAMPUS, BENITO JUAREZ MARG, NEW DELHI-110 021, REPRESENTED BY ITS HEAD. 3. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, NEW DELHI. 4. UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O.,THENHIPALAM,CALICUT-673635 KERALA, REPRESENTED BY ITS REGISTRAR. ADV. SRI.TPM.IBRAHIM KHAN,ASST.SOLICITOR FOR R3 SHRI.GEORGE MECHERIL, CGC FOR R3 SRI.S.KRISHNAMOORTHY, CGC FOR R1,2 SRI.P.C. SASIDHARAN -SC CALICUT UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 214 of 2008 PETITIONER'S EXHIBITS EXT.P1: COPY OF THE GUIDELINES FOR POST GRADUATE INDIRA GANDHI SCHOLARSHIP SCHEME FOR SINGLE GIRL CHILD ISSUED BY THE UNIVERSITY GRANTS COMMISSION. EXT.P2: COPY OF THE APPLICATION DTD 22.10.2005 ALONG WTIH COVERYING LETTER DATED 22.10.2005 SUBMITTED BY THE PETITIONER. EXT.P3: COPY OF CERTIFICATE DATED 24.10.2005 ISSUED BY THE CO-ORDINATOR, PLANTATION DEVELOPMENT, UNIVERSITY OF CALICUT. EXT.P4: COPY OF AFFIDAVIT DATED 22.10.2005 SUBMITTED BY THE FATHER OF THE PETITIONER. EXT.P5: COPY OF THE CERTIFICATE ISSUED BY THE HEAD OF THE INSTITUTION IN FAVOUR OF THE PETITIONER FOR PRODUCING BEFORE THE UGC. EXT.P6: COPY OF THE APPROVAL LETTER DATED 12.11.2005. EXT.P7: COPY OF THE AWARD ACCEPTANCE LETTER DATED 23.3.2006 ISSUED BY THE PETITIONER. EXT.P8: COPY OF THE COVERYING LETTER DTD 18.7.2006 ISSUED BY THE ICICI BANK. EXT.P9: COPY OF THE ACKNOWLEDGEMENT OF RECEIPT OF MONEY EVIDENCING PAYMENT OF ADMISSIION FEE, TUITIION FEE ETC. DATED 24.8.2005. EXT.P10: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE REGISTRAR, UNIVERSITY OF CALICUT DATED 13.3.2007. EXT.P11: COPY OF THE UTILIZATION CERTIFICATE DTD 20.4.2007 ISSUED BY THE CO-ORDINATOR, PLANTATION DEVELOPMENT, UNIVERSITY OF CALICUT. EXT.P12: COPY OF ACKNOWLEDGEMENT OF RECEIPT OF MONEY EVIDENCING PAYMENT OF ADMISSION FEE, TUITION FEE ETC. DTD 10.4.2007 ISSUED BY THE UNIVERSITY OF CALICUT. EXT.P13: COPY OF THE REQUEST DTD 7.11.2007 SUBMITTED BY THE PETITIONER TO THE UGC. EXT.P14: COPY OF THE REQUEST LETTER DTD 22.11.2007 SUBMITTED BY THE PETITIONER BEFOE THE STUDENTS DEEN, CALICUT UNIVERSITY. WP(C).No. 214 of 2008 EXT.P15: COPY OF THE E-MAIL LETTER DATED 30.11.2007 SUBMITTED BY THE PETITIONER TO THE UGC. EXT.P16: COPY OF THE DIRECTION ISSUED BY THE UGC DATED 4.12.2007. EXT.P17: COPY OF THE LETTER DATED 11.12.2007 SUBMITTED BY THE PETITIONER. RESPONDENT'S EXHIBITS EXT.R1(a): COPY OF GUIDELINES (RELEVANT PAGES) FOR POST GRADUATE INDIRA GANDHI SCHOLARSHIP FOR SINGLE GIRL CHILD. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No. 214 OF 2008 --------------------------------------- Dated this the 7th day of February, 2011 JUDGMENT The University Grants Commission of India issued Ext.P1 guidelines for Post Graduate Indira Gandhi Scholarship Scheme for Single Girl Child. The petitioner is the only single girl child of her parents. She became eligible for admission to the Post Graduate course of M.Sc in Plantation Development, in the fourth respondent University. In anticipation of benefits of Ext.P1 Scheme of the UGC, the petitioner joined the course. In accordance with Ext.P1, the petitioner was given scholarship of the value of `.2,000/- per month by the UGC. Ext.P1 contained another benefit also to the effect that no tuition fees will be charged from girl students eligible for the benefits of the Scheme, to pursue PG degree course in Universities/Colleges/Institutions covered under Sections 2(f) and 12(B) of University Grants Commission Act. But the University did not grant her the said benefit of exemption from tuition fees. At the time of admission, the petitioner had paid the first instalment of tuition fees of W.P.(C)No.214/08 2 `. 13500/- along with admission fee etc. But, because of financial difficulties, she could not pay the balance. But she was allowed to continue the course and to write the examinations. But, for want of payment of balance tuition fees, her result was withheld. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) to call for the records leading to Exhibit P1, P6, P9, P10, P16 and P17 and direct the Respondents to exempt the Petitioner from payment of tuition fees for the M.Sc. Plantation Development Course completed by her during the academic year 2005-2006 and 2006- 2007 by issuing a writ of mandamus or any other appropriate writ direction or order; ii) to direct the Respondents to reimburse the tuition fee already paid by the Petitioner as per Exhibit P9 Receipt by issuing a Writ of mandamus or any other appropriate Writ direction or order; (iii) to declare that no tuition fee is chargeable from the Petitioner for undergoing the M.Sc. Plantation Development Course by the Petitioner during the academic year 2005-2006 and 2006-2007 as provided under Exhibit P1 Post Graduate Indira Gandhi Scholarship Scheme for Single Girl Child issued by the First Respondent, University Grants Commission, by issuing a Writ of mandamus or any other appropriate Writ direction or order; (iv) to direct the 4th Respondent to accept the dissertation submitted by the Petitioner and to permit her to participate in the oral presentation of dissertation and viva voce examination and all further formalities for completion of the course and issue necessary certificates including the 3rd year marklist and other marklists to the Petitioner in accordance with law without insisting on payment of tuition fees for the M.Sc. Plantation Development Course completed by her during the academic year 2005-06 W.P.(C)No.214/08 3 and 2006-07 by issuing a Writ of mandamus or any other appropriate Writ direction or order” 2. The stand of the University is that they are not bound by Ext.P1 Scheme, insofar as the UGC has not framed Ext.P1 guidelines, after consultation with the University, nor has the UGC provided them with funds for granting the said benefit. The University never held out to the petitioner that the petitioner would be exempted from payment of tuition fees, is their contention. If the UGC has made any representation to the petitioner in respect of tuition fees, they alone are responsible for the same and the University shall not be made liable for the same is their stand. The University has not adopted the Scheme for exempting single girl child from payment of tuition fees and they have no budgetary allocation also for the same, the University contends. Therefore, the petitioner cannot be given the exemption from the tuition fees, is the contention of the learned Standing Counsel for the University. 3. The learned counsel for the UGC would take a contention that it is for the University to give exemption from fee as per Ext.P1 guidelines. They also rely on Ext.R1(a), W.P.(C)No.214/08 4 wherein it is stated that “it is expected from the institutions where student has taken admission in the first year PG course, no tuition fees will be charged by the Institute from girl students to pursue PG degree course in Universities/Colleges/Institutions covered under Sections 2(f) and 12(B) of UGC Act.” According to them the University is bound by the Scheme framed by the UGC insofar as the University enjoys grants from the UGC. 4. I have considered the rival contentions in detail. The UGC does not disown Ext.P1 or Ext.R1(a). As such, they have held out to the single girl child of parents that if they join the Post Graduate Degree course, they would be eligible for both scholarship and exemption from tuition fees as provided in Ext.P1. The petitioner has, with the firm belief that as per Ext.P1, she would be eligible for fees exemption, joined the course and completed the same. She is unable to pay the balance tuition fees because of financial constraints. When UGC held out a scheme to intending University students that if they join the P.G. course the University will exempt them from payment of tuition fees, it is the duty of the UGC to see that W.P.(C)No.214/08 5 either the University exempts the students from payment of tuition fees or to make arrangements to reimburse the tuition fees to the University, themselves. They are now estopped from contending that the petitioner has to seek her remedies against the University. Insofar as Ext.P1 is a Scheme evolved by the UGC, trusting which the petitioner has joined an expensive course, I am of opinion that the UGC themselves should see that the University either exempts the petitioner from payment of tuition fees or reimburse the tuition fees to the University. For the lack of communication or co- ordination between the UGC and the University in the matter of making provision for exemption from payment of tuition fees, the petitioner cannot be put to difficulties. I cannot also direct the University to give exemption, insofar as they have never undertaken to exempt the petitioner from payment of tuition fees. Therefore, I am of opinion that it is for the UGC to see that the petitioner gets her degree, if she has passed the examination without payment of the tuition fees. Accordingly, this writ petition is allowed as follows: The University shall forthwith publish the results of the W.P.(C)No.214/08 6 petitioner for the examination she has already written and issue degree certificate, if she has passed the examination. For the same, it shall not be a condition that the petitioner should pay the balance tuition fees. The UGC shall either get the University to exempt the petitioner from payment of the tuition fees or reimburse the balance tuition fees of `.40,500/- to the University. The University shall reimburse the petitioner the first instalment of tuition fees of `.13,500/- within one month from the date of receipt of a copy of this judgment. The petitioner shall not be called upon to pay any amount or answer any queries in respect thereof and all other matters in respect thereof shall be settled by the University and the UGC themselves. S. SIRI JAGAN, JUDGE acd W.P.(C)No.214/08 7 W.P.(C)No.214/08 8