SANDEEP V Vs. STATE OF KERALA

JUDGEMENT

(1.) THE Writ Appeals are directed against the interim order passed by the learned Single Judge by which the fees directed to be paid by the self-financing colleges at the rate fixed by Justice K. T. Thomas committee was not stayed but was directed to be paid subject to the result of the Writ Petition. As the matter is concerning the educational institutions and at the request of the learned counsel, the Writ petitions were drawn to be heard along with the Writ Appeals. We proceed to consider the merits of the case in the Writ Petitions by which Writ Appeals also get disposed of.

(2.) WRIT petitioners are the students of medicine having been admitted to the self- financing colleges for the academic year 2003-2004. They had, by now, completed their first year of study and entered second year.

(3.) THESE Writ Petitions were filed aggrieved by the demand of the respondents/ private self-financing medical colleges to pay the amount of Rs. 1,13,000/- as fixed by Justice K. T. Thomas Committee for the academic year 2004-05. Brief facts are stated leading to constitution of the above committee. Private colleges emerged as Government could not afford to establish as many colleges as there is demand. The seats in Government Colleges are limited. Since more than two decades, the legal fight is on between the Government, students and the private self-financing medical colleges and particularly imparting education in professional courses relating to the method and manner of, admission and also quantum of fee. The entire case law relating to the subject may not be necessarily to be stated here as the adjudication is confined only to the validity of the quantum of fees demanded by the respondents/private self-financing medical colleges. To give a quietus to the litigation, a 11 Judge Constitution Bench of the Supreme Court in T. M. A, Pai Foundation v. State of Karnataka, (2002) 8 SCC 481 by judgment dated 31. 10. 2002 laid legal principles relating to the admissions and the fee structure by the Private self-financing professional colleges. As the litigation arose in implementing the above judgment, again a 5 Judge Bench was constituted. In islamic Academy of Education and Anr. v. State of Karnataka and Ors. , (2003) 6 SCC 697, the 5 Judge Constitution Bench by judgment dated 14. 8. 2003 directed the constitution of two committees headed by the retired High Court Judge. One committee is entrusted with the task of conducting the entrance examination if the private self-financing medical colleges choose so to conduct and another committee, a different one, is entrusted with the task of fixation of fees structure by the self-financing private colleges. In so far as the academic year 2003-04 is concerned, from the order of the Supreme Court, it is clear that as there was no sufficient time for constitution of the Committees so ordered and the resultant exercise to be made, the implementation of the Committee's decisions/actions were directed to be made from the academic year 2004-05. The Supreme Court also made it clear that the said arrangement was temporary pending a Parliamentary enactment. Education was in List II of Schedule VII of Constitution, but, by virtue of 42nd Constitutional amendment the same was lifted and placed in List Ill/concurrent list. Subject to Article 254 of the constitution, both the Central and State Governments can enact laws in the said field of education.