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2020 Supreme(Ker) 437
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J.
Vishnu Priya D/o. Raman N. – Appellant
Versus
State Of Kerala – Respondent
WP(C).No.25263 of 2014(G)
Decided on : 24-07-2020
Advocate Appeared:
For the Appellant : SRI.KALEESWARAM RAJ
For the Respondent: SRI.C.K.PRAKASH, SRI.ALIAS M.CHERIAN, SRI.ASOK M. CHERIAN, adv
IMPORTANT POINTS
Clause 9.2 of Ext.P1 prospectus which offers exemption from payment of fee for SC/ST students is binding upon the University and the Government vis-a-vis the petitioners. The fee exemption granted to the students is reimbursed by the Government to the respective colleges and hence the colleges cannot insist for such payment from the students.
Headnote:
Constitution of India-Articles 14, 15, 16 and 46--Denial of educational concession to Scheduled Caste/Scheduled Tribe students -The clause in the G.O.(P) No.50/2009 dated 2.7.2009- The benefit of clause 9.2 -Denial of educational concession to Scheduled Caste/Scheduled Tribe students -Unaided colleges --The petitioners are entitled to be granted the benefit of educational fee concession as contemplated under law- The demand of fee, from the petitioners is without authority of law- The fee exemption granted to the students is reimbursed by the Government to the respective colleges and hence the colleges cannot insist for such payment from the students.
Statement of facts:
Question of benefit of fee concession for students of Scheduled Castes/Scheduled Tribes community undergoing their study in an unaided educational institution has arisen in this writ petition. Five undergraduate students of Nirmala Arts & Science College, Mulanthuruty, Ernakulam, are the petitioners. All of them are undisputedly Scheduled Caste students.
Finding of the court:
Petitioners are entitled to the benefit of clause 9.2 of Ext.P1 and are exempted from payment of education fee.
Result: Writ petition is allowed
JUDGMENT :
The question of benefit of fee concession for students of Scheduled Castes/Scheduled Tribes community undergoing their study in an unaided educational institution has arisen in this writ petition. Five undergraduate students of Nirmala Arts & Science College, Mulanthuruty, Ernakulam, are the petitioners. All of them are undisputedly Scheduled Caste students.
2. At the time of filing the writ petition, petitioners were pursuing their undergraduate courses and were in their 5th semester at that time. They were lured into their respective courses on the basis of Ext.P1 prospectus issued by the Mahatma Gandhi University which provided in clause 9.2 that the “candidates belonging to SC/ST communities allotted against merit seats or against the seats reserved for them are exempted from payment of fee.” Petitioners were allotted to the 6th respondent college-an unaided college, through a centralised allotment process to the seats earmarked under reserved category for Scheduled Caste students, as is evidenced by Ext.P2. Till the 5th semester, petitioners were never confronted with any demand for payment of their fee, but, in the latter half of the 5th semester, they were asked to pay the fee for the entire course, which according to them, they are not liable to pay, as they are entitled to the education fee exemption clause.
3. Petitioners approached this Court when Ext.P4 letters were issued intimating them that non payment of fee will result in denial of permission to register for the examinations. Petitioners have pleaded that their incapacity to pay the fee demanded, arises out of their financial backwardness and also claim that the demand made by the college and the University to pay the fees, infringes upon their fundamental rights. They also contend that a complaint was filed before the Chief Minister in his 'People Contact Programme' after which they were informed from the office of the 5th respondent by Ext.P6 that the fee concession is denied on the basis of G.O.(P) No.50/2009/SCST Dept. dated 2.7.2009, which provided that fee concessions shall not be available for students studying in private unaided colleges. On the aforesaid basis, petitioners inter alia seek for quashing the demand for payment of fee, for a declaration that G.O.(P) No.50/2009/SCST Dept. dated 2.7.2009 cannot take away the exemption from payment of fee, apart from a declaration that the petitioners are entitled to the benefit of exemption from remitting the fees for the entire course.
4. A counter affidavit has been filed by the 1st respondent as well as the 6th respondent. The 1st respondent controverted the contentions in the writ petition and stated that as per the Government Order dated 2.7.2009 financial assistance to SC/ST students cannot be granted to those students undergoing courses in unaided institutions and the said Government Order was issued after considering all facts of the issue and that such an order will not harm the legitimate right of Scheduled Caste students since, various avenues are available to them for enrolling themselves in Government/Aided Colleges in the State, instead of an unaided college.
5. The 6th respondent in its counter affidavit submitted that the University has no obligation to grant educational concessions for SC/ST students, since the matter is under the authority of the State and as per the rules prevalent, the students have to pay all dues unless they are specifically exempted. It is also the case of the University that fee concession is a matter to be decided by the Government and that it is beyond their purview and since the Government had clarified through order dated 2.7.2009, that SC/ST students of unaided institutions will not be entitled to any benefit of fee concession, the University cannot under any circumstances grant such financial concessions to the petitioners.
6. It is relevant to mention at this juncture that during the pendency of this writ petition, interim orders were issued directing the
