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2021 Supreme(Online)(KER) 28393
HIGH COURT OF KERALA
STATE OF KERALA – Appellant
Versus
MALABAR HOTEL MANAGEMENT – Respondent
WA 2513 2015
The classification denying fee reimbursement to SC/ST students based on admission methods was unconstitutional, violating equal protection rights under Article 14 of the Constitution.
Headnote:
Reimbursement - Education - G.O.(MS) No.3/2007/SCSTDD, G.O.(P) No.50/2009/SCSTDD - The court found that the distinction made by the government between students pursuing studies in government-controlled institutions and those in unaided private institutions was discriminatory, violating Article 14 of the Constitution and directed reimbursement of tuition fees to eligible students.
Fact of the Case:
This case involves a writ appeal challenging a ruling that mandated reimbursement of tuition fees to reserved category students at a private hotel management institution. It was argued that the institution was not eligible for assistance due to lack of prior government approval as per state guidelines.
Issues: The key issue was whether the state’s distinction between students based on their admission method was discriminatory and violated constitutional protections.
Ratio Decidendi: The court determined that the criteria used to deny fee reimbursement to students in private institutions did not meet the constitutional mandate of equality, as they were unfairly penalized for not securing admission through state-controlled routes.
Final Decision: The writ appeal was dismissed, confirming the order for the reimbursement of tuition fees to reserved category students.
JUDGMENT
Dated this the 25th day of June, 2021 S. Manikumar, CJ Instant writ appeal is filed challenging the judgment dated
30.01.2015 in W.P.(C) No.21585 of 2013, by which, the writ court directed the respondents/appellants, to reimburse the tuition fee to the reserved category students in the writ petitioner institution, viz., Malabar Hotel Management & Catering Promotion Trust, with effect from 2004-2005.
2. According to the appellants, at present, educational assistance is given, in accordance with the guidelines contained in G.O.(P) No.50/2009/SCSTDD dated 2.7.2009. As per the guidelines, students of the Self Financing Institutions, admitted under the management quota, are not eligible for educational concessions.
3. When the matter came up for consideration on 24.06.2021, this Court directed the learned Government Pleader to obtain instructions as to whether, reimbursement of tuition fees for the Scheduled Caste/ Scheduled Tribe students of Hotel Management courses for the academic year 2004-2005 have been made or not.
4. Today, it is submitted by Sri. Surin George Ipe, learned Senior Government Pleader appearing for the appellants, that the tuition fee has not been refunded to the writ petitioner/respondent herein. Therefore, we proceed to consider the appeal on merits.
5. The paramount contention advanced by the appellants is that Oriental School of Hotel Management and Oriental College of Hotel Management and Culinary Arts are Private Financing Institutions functioning at Lakkidi in Wayanad District and run by the writ petitioner. In these institutions, courses such as, BHMCT (Bachelor of Hotel Management and Catering technology) and B.Sc. Hotel Management were started in the year 2004 and 2005 respectively. As per the instructions/ practice in force, for educational assistance to SC/ST/OEC students in any institution, the institution concerned has to apply, in advance, along with relevant documents, through Scheduled Castes Development Department, and obtain approval from Government of Kerala.
6. Appellants have further stated that the students studying in unapproved institutions are not eligible to get educational concessions from the department. Educational concessions are not disbursed by the department to the students, who studied in such unapproved institutions. According to them, these institutions, Oriental School of Hotel Management and Oriental College of Hotel Management and Culinary Arts, run by the writ petitioner/respondent herein, had not submitted any such proposal, for getting approval, through the Scheduled Castes Development Department.
7. Appellants have further contended that the institutions, which are not approved by the Scheduled Castes Development Department/ Government of Kerala, do not come under the purview of G.O.(MS) No.3/2007/SCSTDD dated 11.01.2007, and therefore, not allowed the educational assistance, as per the said Government order.
8. Moreover, Oriental School of Hotel Management (owned and managed by Malabar Hotel Management and Catering Promotion Trust) has never submitted an application for recognition to the Scheduled Castes Development Department, in time, and therefore, any claim for educational benefit, even before the date of such submission, cannot be entertained, as per the existing norms/orders.
9. Learned Senior Government Pleader for the appellants further contended that as per G.O.(MS) No.3/2007/SCSTDD dated 11.01.2007, issued in this regard, educational concessions were extended to the students, studying in the self financing courses in the Universities, State Government, and Central Government controlled institutions (LBS Centre, IHRD, C.Dit, ER&DC (C-Dac) etc., and Government controlled Co-operative institutions, and this benefit is not applicable to the students studying in private unaided institutions, as the students are getting admission in these institutions, neither, through the Entrance Test conducted by Government or any government agency nor through merit basis. H
