MUSLIM EDUCATIONAL SOCIETY Vs. STATE OF KERALA

JUDGEMENT

(1.) The issue involved in these cases concerns the interpretation to be placed on a clause in an agreement entered into between self-financing colleges in the State and the Government. The agreement is one entered into for apportionment of seats in the MBBS course in the self-financing colleges between the Government and the management concerned. The particular clause with which we are concerned in these cases is one that obliges the college concerned to extend a fee concession to identified categories of students from among those who have been allotted to said college under the Government Quota.

(2.) The process of admission of students to the MBBS course offered by various Colleges in the State is regulated by the Prospectus for Admission to Professional Degree Courses published by the State Government for the particular academic year. It is issued from the Office of the Controller for Entrance Examinations. The Prospectus provides for the mode of allotment of students by the Government to seats in Government, Government aided and Private self- financing medical colleges. The right of the Government to make allotment of students to seats in self-financing medical colleges stems from the Prospectus read with the provisions of the Agreement for seat sharing and fee fixation entered into between the Government and the self-financing college concerned. The allotment of students to the said seats is based purely on merit and from the merit list prepared by the State Government.

(3.) The fee that is payable by a student who has been allotted a seat by the Government in any College is determined annually by the State Government through the Admissions Supervisory Committee and from the fee so fixed, a further concession can be obtained by students who satisfy the criteria specified for fee concession in the individual agreements entered into between the self- financing college concerned and the State Government.