IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 19219 of 2009(V) -------------------------- PETITIONER: --------------- PARASSINIKKADAVU AYURVEDA MEDICAL COLLEGE, PARASSINIKADAVU, KANNUR, REPRESENTED BY ITS DIRECTOR. BY ADV. MR. B.S.SWATHY KUMAR SMT. P.A.ANITHA RESPONDENTS: --------------- 1. ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIIONAL COLLEGES, REPRESENTED BY ITS MEMBER SECRETARY, RAM MOHAN PALACE (OLD HIGH COURT BUILDING), ERNAKULAM. 2. RAMEEZA MANSOOR, STUDENT, B-PHARM (AYURVEDA), PARASSINIKKADAVU AYURVEDA MEDICAL COLLEGE, PARASSINIKKADAVU, KANNUR, REPRESENTED BY HER FATHER & NATURAL GUARDIAN MANSOOR H. 3. NUZRATH JAHAN K.K., STUDENT, B-PHARM (AYURVEDA), PARASSINIKKADAVU AYURVEDA MEDICAL COLLEGE, PARASINIKKADAVU, KANNUR, REPRESENTED BY HER FATHER & NATURAL GUARDIAN K.K.SAIDALAVI. 4. SONA P.K., STUDENT, B.SC. NURSING (AYURVEDA), PARASSINIKKADAVU AYURVEDA MEDICAL COLLEGE, PARASSINIKKADAVU, KANNUR, REPRESENTED BY HER FATHER & NATURAL GUARDIAN K.M.NARAYANAN. R1 BY ADV. MR. MURALI PURUSHOTHAMAN R2 & R3 BY ADV. MR. T.H.ABDUL AZEEZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19219 of 2009(V) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT FILED BY THE FATHER OF 2ND RESPONDENT BEFORE THE 1ST RESPONDENT DATED 12.12.2007. P2: COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER ASC 374/2007 DATED 29.12.2007. P3: COPY OF THE ORDER IN ASC NO. 225/2008 DATED 27.01.2009 OF THE 1ST RESPONDENT. P4: COPY OF THE AFFIDAVIT FILED BY THE PETITIONER IN ASC NO.225/2008 DATED 26.04.2009. P5: COPY OF THE ORDER NO.C.U.(MS)NO.21/2008/SC/ST/DEPT. DATED 01.02.2008. P6: COPY OF THE COMPLAINT FILED BY THE FATHER OF 3RD RESPONDENT BEFORE THE 1ST RESPONDENT DATED 27.04.2009. P7: COPY OF THE COMPLAINT FILED BY THE FATHER OF THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT DATED 21.04.2009. P8: COPY OF THE ORDER DATED 20.04.2009 IN ASC 26/2009 OF THE 1ST RESPONDENT. P9: COPY OF THE AFFIDAVIT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT IN ASC 26/2009 DATED 28.03.2009. P10: COPY OF THE ORDER DATED 16.06.2009 OF THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE kkms/ P.N.RAVINDRAN, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 19219 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 25th day of November 2009. JUDGMENT Respondents 2 and 3 joined B.Pharm degree course in Ayurveda in the petitioner college during the academic year 2005-06. The 4th respondent joined the B.Sc. Nursing course in Ayurveda in the petitioner college during the academic year 2005.06. For the academic year 2005-06, fee payable was Rs.5,000/- for the said two courses. Respondents 2 to 4 paid the said fee. Later, the Hon’ble Mr. Justice K.T.Thomas Committee constituted under Section 6 of the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-explorative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006 fixed the fee payable for the said courses as Rs.29,300/- for the academic years 2006-07, 2007-08 and 2008-09. Respondents 2 to 4 did not pay the said fee. Instead, they moved the Admission Supervisory Committee for Professional Colleges constituted under the aforesaid Act. By Ext.P10 order impugned in this writ petition, the Admission Supervisory Committee for Professional Colleges held that the management can collect only the sum of Rs.5,000/- fixed as fee for the academic year 2005-06. W.P.(C). No. 19219 OF 2009 2 2. The issue raised in this writ petition is covered in favour of the petitioner by the decision of the Division Bench of this Court in Sandeep v. State of Kerala reported in (2005(1) KLT 549) and the decision of this Court in W.P.(C).No.35492 of 2008. Necessarily therefore it has to be held that Ext.P10 cannot be sustained. I accordingly allow the writ petition, quash Ext.P10 and declare that respondents 2 to 4 are bound to pay the sum of Rs.29,300/- being the fee fixed by Hon'ble Mr. Justice K.T.Thomas Committee for the academic years 2006-07, 2007-08 and 2008-09. It is conceded at the Bar that respondents 2 to 4 have not paid even the sum of Rs.5,000/- towards fees. In such circumstances, respondents 2 to 4 are directed to pay the arrears of fee for the academic years 2006-07, 2007-08 and 2008-09 at the rate fixed by the Hon’ble Mr.Justice K.T.Thomas Committee, within one month from today. If payment as directed above is not made, it will be open to the petitioner to realize the arrears of fees together with interest at market rates in appropriate proceedings. (P.N.RAVINDRAN) JUDGE kkms/