Parassinikkadavu Ayurveda … vs Admission Supervisory Committee … on 25 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19219 of 2009(V)



1. PARASSINIKKADAVU AYURVEDA MEDICAL COLLEG
                      ...  Petitioner

                        Vs

1. ADMISSION SUPERVISORY COMMITTEE FOR PROF
                       ...       Respondent

                For Petitioner  :SRI.B.S.SWATHY KUMAR

                For Respondent  :SRI.T.H.ABDUL AZEEZ

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :25/11/2009

 O R D E R
                      P.N.RAVINDRAN, J.
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                   W.P.(C). No. 19219 OF 2009
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           Dated this the 25th day of November 2009.

                          JUDGMENT

Respondents 2 and 3 joined B.Pharm degree course in

Ayurveda in the petitioner college during the academic year

2005-06. The 4th respondent joined the B.Sc. Nursing course in

Ayurveda in the petitioner college during the academic year

2005.06. For the academic year 2005-06, fee payable was

Rs.5,000/- for the said two courses. Respondents 2 to 4 paid the

said fee. Later, the Hon’ble Mr. Justice K.T.Thomas Committee

constituted under Section 6 of the Kerala Professional Colleges

or Institutions (Prohibition of Capitation Fee, Regulation of

Admission, Fixation of Non-explorative Fee and Other Measures

to Ensure Equity and Excellence in Professional Education) Act,

2006 fixed the fee payable for the said courses as Rs.29,300/- for

the academic years 2006-07, 2007-08 and 2008-09. Respondents

2 to 4 did not pay the said fee. Instead, they moved the

Admission Supervisory Committee for Professional Colleges

constituted under the aforesaid Act. By Ext.P10 order impugned

in this writ petition, the Admission Supervisory Committee for

Professional Colleges held that the management can collect only

the sum of Rs.5,000/- fixed as fee for the academic year 2005-06.

W.P.(C). No. 19219 OF 2009
2

2. The issue raised in this writ petition is covered in favour

of the petitioner by the decision of the Division Bench of this

Court in Sandeep v. State of Kerala reported in (2005(1) KLT

549) and the decision of this Court in W.P.(C).No.35492 of 2008.

Necessarily therefore it has to be held that Ext.P10 cannot be

sustained. I accordingly allow the writ petition, quash Ext.P10

and declare that respondents 2 to 4 are bound to pay the sum of

Rs.29,300/- being the fee fixed by Hon’ble Mr. Justice

K.T.Thomas Committee for the academic years 2006-07, 2007-08

and 2008-09.

It is conceded at the Bar that respondents 2 to 4 have not

paid even the sum of Rs.5,000/- towards fees. In such

circumstances, respondents 2 to 4 are directed to pay the

arrears of fee for the academic years 2006-07, 2007-08 and

2008-09 at the rate fixed by the Hon’ble Mr.Justice K.T.Thomas

Committee, within one month from today. If payment as directed

above is not made, it will be open to the petitioner to realize the

arrears of fees together with interest at market rates in

appropriate proceedings.

(P.N.RAVINDRAN)
JUDGE
kkms/