ASHWATHI PRASANTH Vs. STATE OF KERALA

JUDGEMENT

(1.) The grievance projected before this Court in all these writ petitions is common one, mainly with regard to the actual extent of fees to be satisfied in respect of the MBBS course commenced in the year 2017 - '18. The petitioners are students, who got admission to the 4th respondent institution, which according to the petitioners is a Government controlled one. The said version is sought to be rebutted by the College contending that it has not been taken over by the Government as such. We need not go into such factual controversy, as the issue is mainly with regard to the Government Order bearing No. G.O. (Rt.) No. 2040/2017/H & FWD dated 20.07.2017 issued by the Government, which has been produced as Ext. P6 in W.P.(C) No.33366 of 2017. Prayer is also with regard to the sustainability of the agreement executed between the College and the Government as to the fixation of fees and the competency in this regard. It is with this intent, that Section 17 of the Kerala Medical Education [Regulation and Control of Admission to Private Medical Institution] Ordinance 2017 is put to challenge.

(2.) When the matters [W.P.(C) Nos. 33336 and 34006 of 2017] came up for consideration before this Court earlier, it was stated that the issue with regard to the fee was pending consideration before the Chief Justice's Court by way of W.P.(C). No. 21793 of 2017 and connected cases. That matter was finally heard and a detailed judgment was pronounced on 02.11.2017, which stands [Kerala Self Financing Dental College Managements Consortium Vs. State of Kerala, 2017 4 KerLT 809]. The operative portion of the said verdict as contained in paragraph 101 is in the following terms :

(3.) The learned standing counsel for the 2nd respondent Committee submits that steps are being pursued to fix the fee after considering the proposal made by the Institution and also after calling for the records in respect of various aspects. It is also stated that the verdict passed by this Court will be given effect to and the proceedings in this regard, subject to co-operation by the Institution, will be finalized within the shortest possible time.