VISHNU PRIYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The question of benefit of fee concession for students of Scheduled Castes/Scheduled Tribes community undergoing their study in an unaided educational institution has arisen in this writ petition. Five undergraduate students of Nirmala Arts & Science College, Mulanthuruty, Ernakulam, are the petitioners. All of them are undisputedly Scheduled Caste students.

(2.) At the time of filing the writ petition, petitioners were pursuing their undergraduate courses and were in their 5th semester at that time. They were lured into their respective courses on the basis of Ext.P1 prospectus issued by the Mahatma Gandhi University which provided in clause 9.2 that the "candidates belonging to SC/ST communities allotted against merit seats or against the seats reserved for them are exempted from payment of fee." Petitioners were allotted to the 6th respondent college-an unaided college, through a centralised allotment process to the seats earmarked under reserved category for Scheduled Caste students, as is evidenced by Ext.P2. Till the 5th semester, petitioners were never confronted with any demand for payment of their fee, but, in the latter half of the 5th semester, they were asked to pay the fee for the entire course, which according to them, they are not liable to pay, as they are entitled to the education fee exemption clause.

(3.) Petitioners approached this Court when Ext.P4 letters were issued intimating them that non payment of fee will result in denial of permission to register for the examinations. Petitioners have pleaded that their incapacity to pay the fee demanded, arises out of their financial backwardness and also claim that the demand made by the college and the University to pay the fees, infringes upon their fundamental rights. They also contend that a complaint was filed before the Chief Minister in his 'People Contact Programme' after which they were informed from the office of the 5th respondent by Ext.P6 that the fee concession is denied on the basis of G.O.(P) No.50/2009/SCST Dept. dated 2.7.2009, which provided that fee concessions shall not be available for students studying in private unaided colleges. On the aforesaid basis, petitioners inter alia seek for quashing the demand for payment of fee, for a declaration that G.O.(P) No.50/2009/SCST Dept. dated 2.7.2009 cannot take away the exemption from payment of fee, apArt.from a declaration that the petitioners are entitled to the benefit of exemption from remitting the fees for the entire course.