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2019 Supreme(Ker) 826

A.M.SHAFFIQUE, T.V.ANILKUMAR
Educare Institute of Dental Sciences Kilyamannil Campus, Chattiparamba – Appellant
Versus
Admission and Fee Regulatory Committee For Medical Education In Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.Santhosh Mathew, Sri.Arun Thomas, Sri.Jennis Stephen, Smt.Karthika Maria, Smt.Maria Roy, Sri.Vijay V. Paul, Smt.Veena Raveendran
For the Respondent: Smt.Mary Benjemin, SC, Sri.P.T.Abhilash
For the Other Present : Spl.GP-Sri. M.A.Asif

JUDGMENT :

A.M.SHAFFIQUE, J.

1. These two writ petitions were filed challenging the orders passed by the Admission and Fee Regulatory Committee permitting the students of Educare Institute of Dental Sciences to pay the final year's fee at 50%. Their contention was that in so far as the course was for 4½ years, the six months' fee shall not be charged akin to the Annual fee that was being collected in the previous year and their obligation was only to pay 50% of the same. While impugning the aforesaid orders, the learned counsel for the petitioner raised several contentions. One of the contentions is based on a Division Bench judgment of this Court in Kerala Self Financing Dental College, Kothamangalam v. State of Kerala and another [2017(5) KHC 919 (DB)], wherein this Court struck off Section 5(3) of the Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act, 2017, which provided for a quorum for convening a meeting. It is inter alia contended that while this Court in the said judgment had observed that the entire Committee of members constitutes a quorum, an order passed by the Chairman and a single Member is illegal. It is als


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