LAWS(SC)-2025-5-90

STATE OF KERALA Vs. PRINCIPAL, KMCT MEDICAL COLLEGE

Decided On May 16, 2025
STATE OF KERALA Appellant
V/S
Principal, Kmct Medical College Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The issue that arises for consideration has emanated from a direction given by the State of Kerala's Admission and Fee Regulatory Committee that a corpus fund be created to subsidize medical education for Below Poverty Line (BPL) students admitted to self-financing medical educational institutions in the State. This corpus fund was to be created by remitting to the State Government a part of the fees collected from Non-Resident Indian (NRI) students admitted to those colleges.

(3.) The Kerala High Court, at Ernakulam (High Court) vide the common Impugned Judgement dtd. 23/7/2020 has: (i) quashed Government Order (MS) No. 107/2018/H&FWD dtd. 6/6/2018 (GO dtd. 6/6/2018); (ii) directed that the amounts collected from each NRI student to create a corpus fund be transferred to the respective institutions and maintained as a separate account to be utilized only for the benefit of students belonging to the economically weaker Sec. , who may be admitted to such institutions on the basis of allotment; (iii) directed such account to be operated only jointly by a nominee of the self-financing institution and a nominee of the State Government; (iv) kept it open to the State to promulgate suitable legislative measures to achieve the object of providing scholarships to students belonging to economically weaker Sec. of society as observed by this Court in P. A. Inamdar and Ors. v. State of Maharashtra, P. A. Inamdar and Ors. v. State of Maharashtra, (2005) 6 SCC 537; and has further directed that (v) till suitable legislative measures are adopted by the State, no further amounts would be levied or collected from NRI students, already admitted to or to be admitted to NRI quota seats in that academic year, towards the creation or maintenance of the corpus fund.