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2026 Supreme(Online)(Ker) 23346

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
GHANAVI JOHNSON – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.P.P.NIYAS, SRI.C.H.ABDUL RASAC
For the Respondents: SRI.P.G.PRAMOD, SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI.THOMAS P.KURUVILLA, SRI.R.GITHESH, SHRI.AJAY BEN JOSE, SRI.MANJUNATH MENON, SRI.HARIKRISHNAN S., SHRI.SACHIN JACOB AMBAT, SRI.S.SREEKUMAR (SR.), SMT.MARY BENJAMIN, SC

Table of Content
1. refund request for corpus fund paid. (Para 1 , 2)
2. corpus fund deemed part of tuition fee as per binding precedent. (Para 5)

JUDGMENT

The writ petitioners seek for a direction to refund the amount collected from them towards the Corpus Fund.

2. Petitioners were MBBS students of the 4th respondent college.

They 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 as per the judgment of the Supreme Court, they were not liable to pay any amount to such a Corpus Fund. Despite the above, they have paid Rs.5 lakhs towards corpus fund and hence those amounts are liable to be refunded.

3. I have heard the learned counsel for the petitioners and the learned counsel for the respondents.

4. In Govind Krishnan v. State of Kerala [2026 KHC Online

194] a learned Single Judge of this Court had considered an identical issue and came to the conclusion that Corpus Fund is part of the tuition fee. It was o

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