IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 15032 of 2009(Y) ---------------------------------------- PETITIONER(S): ----------------------- NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, NICE GARDEN,ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123,REP.BY ITS CHAIRMAN A.P.MAJEED KHAN. BY ADV. MR.ANIL K.NARENDRAN RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. ADMISSION SUPERVISORY & FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES, RAM MOHAN PALACE,KOCHI-682 035, REP.BY ITS MEMBER SECRETARY. 3. VANI.B.,2ND YEAR BDS STUDENT, NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123. 4. THASNEEM.S.,2ND YEAR BDS STUDENT, NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123. 5. SHEBA SUSAN JOSE,2ND YEAR BDS STUDENT, NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123. Kss ..2/- ...2...... WPC.NO.15032/2009 Y 6. ISHA MUHAMMED,2ND YEAR BDS STUDENT, NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123. 7. NAMLA.P.M.,2ND YEAR BDS STUDENT, NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123. 8. RESMI RAMESH,2ND YEAR BDS STUDENT, NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123. 9. RENJINI.S.,2ND YEAR BDS STUDENT, NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123. 10. SUMAYYA A.NAZAR,2ND YEAR BDS STUDENT, NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123. 11. SRUTHI UNNI,2ND YEAR BDS STUDENT, NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123. 12. DILEEP.P.,2ND YEAR BDS STUDENT, NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123. 13. VISHNURAJ.R.,2ND YEAR BDS STUDENT, NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123. 14. VIKAS N.SEKHAR,2ND YEAR BDS STUDENT, NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123. Kss ..3/- ...3.... WPC.NO.15032/2009 Y 15. REMYA.R.S.,2ND YEAR BDS STUDENT, NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123. 16. REMYA MOHAN,2ND YEAR BDS STUDENT, NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123. 17. SARIGA BRAHMANADAN,2ND YEAR BDS STUDENT, NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123. 18. VEENA NAGAPPAN.N.K.,2ND YEAR BDS STUDENT NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J ------------------- W.P.(C).15032/2009 -------------------- Dated this the 10th day of June, 2009 JUDGMENT Petitioner, the Management of a Self Financing College, is aggrieved by the proceedings taken by the 2nd respondent, Committee. Fee for BDS Course offered by the petitioner was fixed at Rs.87,000/-. All Kerala Self Financing Dental College Management Consortium entered into an agreement with the Government regarding sharing of seats. In respect of 50% seats filled up by the Government from the list prepared by the Commissioner for Entrance Examinations, it was agreed that the Management will be entitled to collect Rs.20,000/- and refundable deposit of Rs.1,75,000/-. Same was fixed at Rs.2,50,000/- and Rs.2,00,000/- respectively, for the students admitted against the Management quota. Though the petitioner is not a member of the Consortium, its name is also included in the list of Private Self Financing Dental College. According to the petitioner, Ext.P2 agreement has no application to W.P.(C).15032/2009 2 it. Respondents 3 to 18 herein were allotted by the Commissioner against the Government quota. An amount of Rs.87,000/- was collected by the Commissioner as annual fee from each one of these students and later transferred to the Management. They have been prosecuting their Course. Subsequently they filed a compliant, Ext.P3, before the 2nd respondent inter alia alleging collection of excess fee and asking for a refund of the same. Petitioner appeared before the Committee and submitted Ext.P5 inter alia contending that the complaint is not maintainable, apparently for the reason that it is not even a member of the Consortium and also because the fee was collected by the Commissioner and then transferred to the Management. It asked for the maintainability of the complaint to be decided as a preliminary issue. It is also contended that the Committee has no power to decide on Ext.P3. Arguments were reiterated in Ext.P7. When the petitioner found that the contention as regards the preliminary issue was not considered, it moved this Court in W.P.(C). 9416/2009 seeking appropriate directions. This W.P.(C).15032/2009 3 Court by Ext.P8 judgment, permitted the petitioner to move the Committee requesting a decision on the maintainability of the complaint. This was done by the petitioner as evidenced by Ext.P3. The present complaint of the petitioner is that before deciding the question of maintainability, Committee is proceeding with the adjudication of the complaint on merits as evidenced by Ext.P10 proceedings requiring the petitioner to give its response to the suggestion made by the counsel for the complainant for adjusting the amount collected by way of fund in excess of Rs.20,000/- against the fee for the subsequent years. Manager has also been directed to appear in person. 2. In circumstances where this Court has permitted the petitioner to raise the question of maintainability of the complaint as preliminary issue and since the petitioner has raised the said issue, it is only appropriate that the 2nd respondent considers maintainability as a preliminary issue and then precedes with the adjudication of the complaint. W.P.(C).15032/2009 4 3. In spite of the fact that notice was served in the writ petition on the 2nd respondent, there is no appearance. 4. In the circumstances, writ petition is disposed of directing the 2nd respondent to pass orders on the question of maintainability as sought for in Ext.P9, after hearing the complainants before the Committee and an authorized representative of the petitioner. Once a decision is taken on the maintainability of the complaint, subject to such decision further proceedings may be continued in Ext.P3. It is made clear that the petitioner will be entitled to seek a reconsideration of Ext.P10 at that point of time. V.GIRI, Judge mrcs