Educational institutions must honor stipend claims from students as per governmental and regulatory directives unless legally validated otherwise.

JUDGMENT

Anil K. Narendran, J.

These writ appeals are filed by the 6^th respondent in W.P.(C)No.11392 of 2020 and W.P.(C)No.9006 of 2020, challenging the judgment dated 09.02.2021 of the learned Single Judge in those writ petitions, which were disposed of by the directions contained in paragraph 5 of that judgment. Paragraph 5 and also the last paragraph of that judgment read thus:-

“5. The entire counter and the documents attached thereto do not reveal any such undertaking allegedly submitted by the petitioners foregoing their claim/right to seek stipend. Even though they have completed their post graduate course, the legitimate claim vis-a-vis the stipend cannot be negated particularly when there is a direction of the Government vide order referred above as well as the Medical Council of India. The Judgment of this court ordering payment of stipend to other students has also not been disputed. Fixation of different structure of stipend for 2015- 2016 batch is also not in dispute. The stand of the respondents in not honouring the orders qua payment of the stipend has no legal or just foundation to oust the claim of the petitioners. As a result thereof, the writ petitions are allowed. Respondents are directed to pay the entire stipend due to the petitioners within a period of one month from the receipt of a certified copy of this judgment; failing to pay the amount within the aforementioned period shall entail into payment of interest at the rate of 9% per annum.

These writ petitions stand allowed in the aforementioned terms.”

2. On 03.02.2022, when these writ appeals came up for admission, the appeals were admitted on file. The Division Bench passed an interim order, which reads thus;

“Deposit of the amount directed has already been paid in the contempt petition.

We are inclined to grant interim stay of the impugned judgment.

Accordinlgy, there shall be an interim stay of the impugned judgment in W.P.(C)No.9006 of 2020 & W.P.(C)No.11392 of

2020.”

3. Today, when these writ appeals are taken up for consideration, the learned counsel for the appellant would submit that for realising the excess stipend paid to the students, the college has already approached the competent civil court and therefore, these writ appeals may be disposed of, leaving open the legal and factual contentions, and without prejudice to the right of the college to prosecute those civil suits.

Based on the aforesaid submission made by the learned counsel for the appellant, these writ appeals are disposed of, leaving open the legal and factual contentions raised by both sides, and without prejudice to the right of the college, i.e., Kannur Medical College to prosecute the civil suits filed for realising the alleged excess stipend paid to the students, pending before the competent civil court.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

MURALEE KRISHNA S., JUDGE SLR