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2026 Supreme(Online)(Ker) 15747

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
NANDANA BIJU AGED 23 YEARS D/O BIJU.M.R – Appellant
Versus
THE STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY,HEALTH & FAMILY WELFARE DEPARTMENT,GOVERNMENT SECRETARIAT – Respondent
WP(C) NO. 32898 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.P.P.NIYAS, SRI.C.H.ABDUL RASAC
For the Respondents: GOVERNMENT PLEADER SHRI.TONY GEORGE KANNANTHANAM, SRI.P.G.PRAMOD, SENIOR G.P., SRI. KURIAN GEORGE KANNANTHANAM (SR.), SMT.MARY BENJAMON -SC -R2

Corpus Fund constitutes a part of the tuition fee under the NRI quota as established by prior judicial precedent.

Headnote:The petitioners, MBBS students, contested the collection of a Corpus Fund under the NRI quota, arguing that it’s not a fee as per prior judgments. However, the Court reaffirmed that the Corpus Fund is part of the tuition fee, citing binding precedent from earlier cases. The Court rejected the petitioners' claims, granting them six weeks to pay the arrears, failing which guarantees would be encashed.

Table of Content
1. petitioners dispute corpus fund as part of fee. (Para 2)
2. respondents argue fee structure valid as per prior judgement. (Para 3)
3. court upholds previous ruling on fee being rs.20 lakhs including corpus fund. (Para 4)
4. court requires payment within six weeks or face guarantee encashment. (Para 5)

JUDGMENT

The writ petition seeks to quash Ext.P5 to Ext.P11 notices and also seeks for a direction commanding the 3rd respondent not to collect any amount towards the Corpus Fund allegedly due from the petitioners.

2. Petitioners are MBBS students of the 3rd respondent college. All the petitioners had obtained admission under the NRI quota. While fixing the fee for NRI quota, petitioners allege that the Admission Supervisory Committee fixed the fee as Rs.20 lakhs of which Rs.5 lakhs was to be paid as Corpus Fund. Petitioners contended that the amount payable towards the Corpus Fund cannot be regarded as fee payable by them, and on the basis of the judgment of the Supreme Court, produced as Ext.P2 and Ext.P3, they are not liable to pay any amount to such a Corpus Fund.

3. The learned counsel appearing for the respondent colleges, however, referred to the decision of this Court in Govind Krishnan v. State of Kerala [2026 KHC Online 194] and pointed out that a learned Single Judge of this Court had considered the issue and came to the conclusion that “the students appear to be under the mistaken assumption that the fee was only Rs.15 lakhs and that an additional amount of Rs.5 lakhs was being collected as a Corpus Fund.” The Court came to the conclusion that the Fee Committee had approved the fee for NRI students at Rs.20 lakhs and Rs.5 lakhs was directed to be diverted as Corpus Fund. The Division Bench however held that the Fee Committee had no such power to direct diversion of a portion of the fee prescribed.

4. Thus the Court categorically declared that the fee fixed was Rs.20 lakhs, and the students were liable to pay that amount. After observing as above, petitioners therein (students) were granted six weeks’ time to satisfy the arrears and also directed that, if payment is not made within the time provided, steps for encashing the bank guarantees can be initiated after the expiry of six weeks.

5. The aforesaid conclusions in Govind Krishnan are binding upon by this Court. Since it has already been held that the fee payable to the Corpus Fund is actually part of the tuition fee itself, the claim of the petitioners in the present case cannot hence, be sustained.

In view of the above, this writ petition is dismissed and the petitioners are granted six weeks’ time from today to clear the arrears of the disputed component projected by the petitioners as “Corpus Fund”. Further, if the petitioners have furnished bank guarantees, steps for encashment of bank guarantees shall be initiated only if the arrears have not been cleared by the petitioner even by the expiry of six weeks mentioned above.

Sd/-

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