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HIGH COURT OF KERALA
A.M.SHAFFIQUE, GOPINATH P, JJ
THE PRINCIPAL, – Appellant
Versus
AMINA HASHIM, – Respondent
WP(C)/1274/2020
Regulation - Admission to Medical Course - Kerala Professional Colleges (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006 - The court reviewed the legality of admissions granted to students, focusing on the ASC's decisions and the obligation of the college to refund amounts collected in violation of the act.
Fact of the Case:
The Kannur Medical College's admissions for the MBBS course in 2016-17 were deemed illegal by the Admission Supervisory Committee leading to a Supreme Court order to refund fees to affected students, including one claim filed by Amina Hashim totaling Rs.39,39,000.
Finding of the Court:
The court upheld the ASC's calculations regarding the amounts owed to the student, determining that the ASC's decision was consistent with the Supreme Court's directives, and sufficient evidence supported the claims of the student.
Issues: Whether the ASC's order directing the college to refund the amount of Rs.39,39,000 to the student was justified based on the evidence presented.
Ratio Decidendi: The ASC was obligated to follow the Supreme Court's directions strictly, and the court found that the evidence presented supported the student's claim for refund.
Final Decision: Writ petition allowed in part, requiring the college to refund Rs.25,05,000 to the student within four weeks.
Certainly. Here are the key points derived from the provided legal document:
The case involves a challenge to the order of the Admission Supervisory Committee (ASC) directing a college to refund a specific amount to a student, based on illegal admissions and subsequent orders for refunding fees collected in violation of applicable regulations (!) (!) .
The court emphasized that monetary claims against educational institutions must follow regulatory frameworks that ensure transparency and accountability, especially concerning admissions and fee structures (!) .
The admissions in question were found to be illegal by the relevant regulatory authority, leading to a Supreme Court order for refunds, which the college failed to fully comply with (!) (!) .
The court reviewed the process undertaken by the ASC, which was directed to determine individual claims based on the evidence provided by each student, following the Supreme Court’s instructions (!) (!) .
The court examined the evidence regarding the source of funds paid by the student’s family, including affidavits and bank statements, to verify the legitimacy of the payments (!) (!) .
It was found that substantial amounts had been withdrawn from the father’s bank account, supporting the claim that the funds were available for payment, though some aspects of the source were contested (!) (!) .
The court held that the ASC’s determination of the amount payable was consistent with the evidence and the directions issued by the Supreme Court, and that the college’s claims of insufficient funds were not substantiated (!) (!) .
The final decision authorized a partial refund to the student, modifying the amount originally ordered, and directed the college to pay the adjusted sum within four weeks, failing which further legal steps could be taken (!) .
The court also addressed procedural issues, ruling that the non-impleadment of the ASC did not affect the maintainability of the petition, and reaffirmed the authority of the ASC to determine individual claims independently (!) (!) .
Overall, the judgment underscores the importance of adherence to regulatory orders and the necessity for educational institutions to comply with legal directives regarding refunds and admissions, ensuring transparency and accountability in the process (!) (!) .
Please let me know if you need further analysis or specific legal advice based on this document.
J U D G M E N T
Dated this the 16th day of July 2020 Gopinath, J.
The admissions granted by the Kannur Medical College to the MBBS Course, in that college, in the year 2016-17, were found to be illegal and contrary to law by the Admission Supervisory Committee (hereinafter also referred to as the 'ASC') constituted in terms of Section 4 of the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006 Act, [Act 19 of 2006] (now repealed), through an order dated 14.11.2016. The Supreme Court refused to interfere with this order and it became final. As a consequence, the admissions granted to nearly 150 students had to be cancelled. Though the State promulgated an ordinance to regularize the admission, the said ordinance was declared unconstitutional by the Supreme Court.
2. On 25.07.2018 there was a recommendation by the ASC to the Kerala University of Health Sciences, to withdraw the affiliation/recognition of Kannur Medical College for the academic year 2018-2019. These proceedings were found to be in order by a Division Bench of this Court through a judgment dated 1.8.2018 in W.P. (C) No. 25895 of 2018. The matter was carried to the Supreme Court of India through S.L.P (C) No.
23225 of 2018 and connected cases. A consent order was passed on 29.08.2018 in S.L.P (C) No. 23225 of 2018 and connected cases, which order is on record in this case. We are concerned here only with the 1st direction that forms part of the consent order dated 29.08.2018 which, provides that the college shall return an amount equivalent to the double of the amount collected from the students together with refund of the fee deposited by each one of the 150 students, with the college, by 04-09- 2018. There was a further direction that the Admission Supervisory Committee shall ascertain and report as to whether the amounts in question have been refunded, as directed. On 1.9.2018, the Admission Supervisory Committee filed its report which inter alia suggested that the amounts directed to be paid/refunded to each of the students have not been paid/refunded in terms of the directions issued by the Supreme Court. Therefore a further direction was issued by the Supreme Court on 4.10.2018 through which it was directed that the Admission Supervisory Committee shall determine the amount payable to each one of the students. The ASC has passed individual orders in respect of claims raised before it by the students/ guardians. In this writ petition we are concerned with an order passed by the Admission Supervisory Committee, in terms of the direction issued by the Supreme Court, determining the amount payable by the petitioner college on account of the fees and other amounts collected from one Amina Hashim.
3. The question of maintainability of a Writ Petition under Article
226 of the Constitution of India challenging orders in the nature of Ext.P11 in W.P (C) No.1274/2020 was questioned at the admission stage, in connected matters. A Division Bench of this Court, to which one amongst us (A.M.Shaffique.J.) was a party, came to the conclusion through an order dated 20.2.2020, that a Writ Petition was maintainable. Therefore we do not propose to go into that issue again.
4. Before we proceed to determine the correctness or otherwise of the impugned order, we must notice the observation of the Supreme Court in the order dated 4.10.2018 that the quantum of amount collected by the College from each student and what amount has been refunded is a seriously disputed fact and also notice the following direction issued to the Admission Supervisory Committee (ASC) by the Supreme Court. “The ASC to consider the material which may be placed on record by the respective parties and take a decision in accordance with law on the basis of the evidence adduced in each of the case with respect to each of the students.
(emphasis is
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