High Court of KeralaSingle Judge2023-03-30Writ Petitions are disposed of as above.

Kerala Christian Professional College Management Federation v. Admission Supervisory Committee for Medical Education & Ors (WP(C) Nos. 9287/2023 & 10192/2023)

Case / Petition Number:WP(C) Nos. 9287/2023 & 10192/2023

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Sathish Ninan, J.
Judgment Date: 2023-03-30
Court Decision / Holding: Writ Petitions are disposed of as above. The court directs a hearing on Ext.P7 for WP9287 on 11.04.2023 with orders to be passed within two weeks; if WP10192 petitioners submit a similar Ext.P7 representation by 10.04.2023, the respondents shall pass orders before 30.05.2023 (the date corrected to 2023). The order emphasizes expeditious finalisation of fee fixation in line with the Kerala precedent and prior norms, and notes the suo motu correction of the date 30.05.2021 to 30.05.2023.
Final Disposition: Writ Petitions are disposed of as above.

Parties to the Case

Appellants / Petitioners

Kerala Christian Professional College Management Federation
The Secretary, Malankara Orthodox Syrian Church Medical College, Kolencherry

Respondents

Admission Supervisory Committee for Medical Education
The Chairman, Admission Supervisory Committee for Medical Education
State of Kerala, represented by the Principal Secretary to Government, Health and Family Welfare Department
The Director, Scheduled Cast & Scheduled Tribes Department, Vikas Bhavan, Thiruvananthapuram
The Principal Secretary to Government, Health and Family Welfare Department, State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• Tony George Kannathanam
• Thomas George
• Alex George (Chamapparayil)
• Abi Antony
• P. M. Saneer
• Nithya R.

Counsels for Respondents

• Smt. Mary Benjamin, Senior Counsel

Case Synopsis & Summary

These writ petitions, filed by private medical college managements, seek directions to finalise the fee structure for the 2022-23 academic year. The court recalls a Division Bench decision in Kerala Self Financing Dental College v. State of Kerala & Ors (2007) (4) KLT 809) which lays down a time-bound, procedural framework for fee fixation: colleges must submit proposals by 15 November of the preceding academic year; the Supervisory Committee may require additional information by 15 December; information must be furnished by 31 December; and final orders should be issued by 15 February. The petitioners contend that despite submitting proposals before the November deadline, the Committee has not finalised the fee. The respondents reply that delays were caused by the petitioners’ failure to provide necessary documents and by litigation over National Medical Commission norms. The court declines to resolve the factual dispute about delay, noting Ext.P7 petitions filed by the petitioners in WP9287 and the absence of a similar Ext.P7 by the WP10192 petitioners, while directing consideration of Ext.P7 if submitted. It directs a hearing on Ext.P7 for WP9287 on 11.04.2023, with orders within two weeks, and invites the WP10192 petitioners to submit a similar representation by 10.04.2023 for consideration by 30.05.2023 (corrected to 2023). The petitions are disposed of accordingly, underscoring adherence to prior jurisprudence on fee fixation.

Submissions & Arguments

Contentions of Appellants / Petitioners

These writ petitions are filed by private medical college managements seeking directions to finalise the fee structure for 2022-23. The petitioners rely on the Division Bench decision in Kerala Self Financing Dental College v. State of Kerala & Ors (2007) to establish a time-bound process for fee fixation. They submitted proposals before 15 November of the preceding academic year and were informed that the Supervisory Committee would scrutinize and request additional information. They contend that the Committee has not passed final orders and that a delay defeats the rationale of predictable fee regimes. In WP(C)9287, Ext.P7 requests for fixation of fee were filed, seeking consideration of inflation and other factors. A hearing was scheduled and the petitioners request that orders be issued promptly under Ext.P7; in WP(C)10192, similar requests had not yet been submitted, but counsel indicated a similar representation would be made. The petitioners argue that fee fixation should reflect NMC norms and cost escalations, and they seek timely final order.

Contentions of Respondents

The respondents submit that the delay in fixation arises from the petitioners’ own failure to furnish necessary documents and from petitions challenging the National Medical Commission norms, which contributed to the delay. They contend that Ext.P7 can be considered with due process and hearing, and that orders should be passed promptly after the hearing. For WP10192, a similar representation is yet to be filed but will be considered. They emphasize adherence to established procedures and timelines and request that the court allow time-bound action consistent with prior jurisprudence.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Kerala Self Financing Dental College v. State of Kerala & Ors	2007 (4) KLT 809	Positive	Cited as authority establishing the procedure and timeline for fee fixation by the Fee Regulating/Supervisory authorities.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **THURSDAY, THE 30[TH] DAY OF MARCH 2023 / 9TH CHAITHRA, 1945** **WP(C) NO. 9287 OF 2023** ## **PETITIONERS:** 1 KERALA CHRISTIAN PROFESSIONAL COLLEGE MANAGEMENT FEDERATION, REG.NO.60/2014/EKM. M.O.S.C. MEDICAL COLLEGE, KOLENCHERRY682311, REPRESENTED BY ITS MANAGING TRUSTEE 2 THE SECRETARY, MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL COLLEGE, KOLENCHERRY, ERNAKULAM DISTRICT, PIN - 682311 BY ADVS. KERALA CHRISTIAN PROFESSIONAL COLLEGE MANAGEMENT FEDERATION(Party-In-Person) TONY GEORGE KANNANTHANAM THOMAS GEORGE ALEX GEORGE (CHAMAPPARAYIL) ABI ANTONY ## **RESPONDENTS:** 1 ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION REPRESENTED BY ITS MEMBER SECRETARY, M.P. APPAN ROAD, VAZHUTHACAD, THIRUVANANTHAPURAM, PIN - 695014 2 THE CHAIRMAN ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION, M.P. APPAN ROAD, VAZHUTHACAD, THIRUVANANTHAPURAM, PIN - 695014 ## **OTHER PRESENT:** SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2023, ALONG WITH WP(C).10192/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** ## **THURSDAY, THE 30[TH] DAY OF MARCH 2023 / 9TH CHAITHRA, 1945** ## **WP(C) NO. 10192 OF 2023** ## **PETITIONERS:** 1 KERALA PRIVATE MEDICAL COLLEGE MANAGEMENT ASSOCIATION MALABAR MEDICAL COLLEGE CAMPUS, MODAKKALLURP.O, ATHOLI, CALICUT – 673315, REPRESENTED BY ITS SECRETARY. REG:-ER188/07. 2 THE AL-AZHAR MEDICAL COLLEGE & SUPER SPECIALTY HOSPITAL EZHALLOOR P.O THODUPUZHA – 685605, REP ITS CHAIRMAN. BY ADVS. P.M.SANEER TONY GEORGE KANNANTHANAM NITHYA R. ## **RESPONDENTS:** 1 ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION, REPRESENTED BY ITS MEMBER SECRETARY, M.P. APPAN ROAD, VAZHUTHACAD, THIRUVANANTHAPURAM, PIN - 695014 2 THE CHAIRMAN ADMISSION SUPERVISORY COMMITTEE FOR MEDICAL EDUCATION, RAM MOHAN PALACE, OLD HIGH COURT BUILDING, HALL NO.8, ERNAKULAM, KOCHI, PIN - 682031 3 STATE OF KERALA REP.BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANATHAPURAM, PIN – 695001. 4 THE DIRECTOR SCHEDULED CAST & SCHEDULED TRIBES DEPARTMENT, VIKAS BHAVAN, THIRUVANATHAPURAM, PIN - 695033 BY ADV MARY BENJEMIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2023, ALONG WITH WP(C).9287/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **SATHISH NINAN, J.** **= = = = = = = = = = = = = = = = = =** **W.P.(C) Nos.9287 & 10192 of 2023 = = = = = = = = = = = = = = = = = = Dated this the 30[th] day of March, 2023** ## **J U D G M E N T** These writ petitions are at the instance of managements of private medical colleges. The relief sought in these writ petitions is, a direction to the respondents to finalise the fee structure for their courses for the year 2022-23. 2. A Division Bench of this Court has in _**Kerala Self Financing Dental College v. State of Kerala & Ors**_ ., _**2007 (4) KLT 809,**_ at paragraph 94, detailed the manner in which fee is to be finalised. As per the directions, the Colleges are to submit their proposal latest by 15[th] of November of the previous academic year. The Supervisory Committee on preliminary scrutiny of the documents can seek for additional information, if any, before 15[th] December. The College is to make available the said information before 31[st] December. The Committee is to pass final orders before 15[th] of February. **W.P.(C) Nos.9287 & 10192 of 2023** -: 2 :- 3. According to the petitioners, though they had submitted proposals along with documents before the 15[th] of November, the Committee has failed to pass final orders fixing the fee. 4. The respondents have disputed the averments in the writ petition by filing a statement. They allege that the delay was on the part of the petitioners in providing the necessary documents. It is also contended that the petitioners had challenged the National Medical Commission's norms, and the litigation in relation thereto contributed to the delay. 5. I do not think it necessary to delve into the allegations and counter allegations as to, at whose hands the delay occurred. According to Sri.Kurian George Kannanthanam, the learned Senior Counsel for the petitioners in W.P.(C) No.9287/2023 have submitted Ext.P7 request before the second respondent for fixation of fee, and for the present, and without prejudice to **W.P.(C) Nos.9287 & 10192 of 2023** -: 3 :- the contentions of the petitioners, the request made in the last portion of Ext.P7 that fee may be fixed taking into consideration of the annual increase in the cost inflation index may be considered. Smt. Mary Benjamin, the learned counsel for the respondent submitted that the same could be considered and orders passed without delay. It is further submitted by the learned Standing Counsel that, hearing on Ext.P7 is already scheduled on 11.04.2023 and that orders will be passed pursuant thereto within a period of two weeks. Let the same be done. 6. As regards the petitioners in W.P.(C) No.10192/2023, a request in the nature of Ext.P7 has not been submitted by them so far. Sri.P.M.Saneer the Learned counsel for the petitioners submits that a similar representation like Ext.P7 shall be submitted by the petitioners immediately and the same may also be considered. **W.P.(C) Nos.9287 & 10192 of 2023** -: 4 :- 7. After due consideration of the submissions of the learned Senior Counsel for the petitioners and the learned Standing Counsel for the respondent, it is ordered as hereunder :- (i) The petitioners in W.P.(C) No.9287/2023 shall be heard on the fixation of fee with reference to Ext.P7, on 11.04.2023. (ii) Orders pursuant to the hearing to be held as above shall be passed within a period of two weeks therefrom. (iii) If the petitioners in W.P.(c) No.10192/2023 submits a similar representation as Ext.P7 on or before 10.04.2023, the respondents shall pass orders thereon before 30.05.2021 after affording them an opportunity of hearing. Writ Petitions are disposed of as above. Sd/- **SATHISH NINAN JUDGE** kns/- //True Copy// P.S. to Judge **W.P.(C) Nos.9287 & 10192 of 2023** -: 5 :- The date '30.05.2021' occurring in direction No.(iii) contained in Paragraph No.7 of the judgment dated 30.03.2023 in connected writ petition Nos.9287/2023 and 10192/2023 stands suo motu corrected as '30.05.2023' as per order dated 04.04.2023 in the writ petitions. Sd/Deputy Registrar ## **APPENDIX OF WP(C) 10192/2023** |PETITIONER EXHIBITS||| |---|---|---| |EXHIBIT P1|A TRUE COPY OF THE LIST OF MEMBERS OF|THE| ||SOCIETY.|| |EXHIBITP2|A TRUE COPY OF FEE FIXATION ORDER|NO| ||FRC50/21/MBBS/AAMC DATED 25/12/2021|IN| ||RESPECT OF THE 2ND PETITIONER'S COLLEGE.|| |EXHIBITP3|A TRUE COPY OF PROPOSAL, GIVEN BY THE|2ND| ||PETITIONER, ALONG WITH THE COVERING LETTER|| ||DATED 12/11/2021, WITHOUT ENCLOSURES.|| |EXHIBITP4|A TRUE COPY OF THE REQUEST|NO.| ||KPMCMA/MEDICAL/PG/FEE/009/2022 DATED|| ||14/9/2022 SUBMITTED BEFORE THE 2ND RESPONDENT|| |EXHIBITP5|A TRUE COPY OF THE COMMUNICATION|| ||NO.FRC/50/22/MD/MS/KPMCMA DATED 28/9/2022|| ||ISSUED BY THE COMMITTEE.|| |EXHIBITP6|A TRUE COPY OF THE PROPOSAL FOR FIXATION|OF| ||FEE DATED 3/10/2022 WITHOUT ENCLOSURES.|| |EXHIBITP7|A COPY OF THE NOTIFICATION NO CEE/717/2022-|| ||TA4 DATED 19-10-2022 OF THE COMMISSIONER.|| |EXHIBITP8|A TRUE COPY OF THE REQUEST|NO.| ||KPMCMA/FEE/UG/PG/11/2022 DATED 16/11/2022|| ||GIVEN BY THE 1ST PETITIONER.|| |EXHIBITP9|A COPY OF THE COMMUNICATION|NO.| ||FRC/50/22/MBBS/MD/MS/KPMCMA DATED 19/11/2022,|| ||ISSUED BY THE COMMITTEE|| |EXHIBITP10|A TRUE COPY OF THE NOTICE|NO.| ||FRC/50/22/MBBS/AAMC DATED 21/11/2022 ISSUED|| ||BY THE COMMITTEE.|| |EXHIBITP11|A TRUE COPY OF THE COVERING LETTER DATED|| ||24/11/2022 AND THE AUDITOR FINANCIAL|| ||STATEMENTS FOR THE YEAR 2019-20 2020-21|AND| ||2021-22 AND SUMMARY OF COSTS INCURRED|FOR| ||CONSIDERATION OF FEE PER STUDENT|| **APPENDIX-WP(C) 10192/2023 -2-** EXHIBITP12 A TRUE COPY OF THE REPRESENTATION NO. KPMCMA/MBBS/FEE/01/2023/01 DATED 5/01/2023 ADDRESSED TO THE 2ND RESPONDENT. EXHIBITP13 A TRUE COPY OF THE REPRESENTATION NO. KPMCMA/FEE/UG/PG/002/2023/002 DATED 15/2/2023 GIVEN BY THE 1ST PETITIONER. EXHIBIT14 A TRUE COPY OF THE REPRESENTATION NO. KPMCMA/MBBS/FEE/004/2022 DATED 30/4/2022 SUBMITTED BEFORE THE DIRECTOR. ----- ## **APPENDIX OF WP(C) 9287/2023** ## PETITIONER EXHIBITS |EXHIBIT-P1|TRUE COPY OF THE AGREEMENT DATED 13-5-2015| |---|---| ||WITH THE GOVERNMENT AND THE 1ST PETITIONER.| |EXHIBIT-P2|TRUE COPY OF THE AGREEMENT DATED 16-4-2015| ||WITH THE GOVERNMENT AND THE 1ST PETITIONER| |EXHIBIT-P3|TRUE COPY OF THE ORDER DATED 25-12-2021 OF| ||FEE REGULATORY COMMITTEE FOR MEDICAL| ||EDUCATION IN KERALA.| |EXHIBIT-P4|TRUE COPY OF THE COVERING LETTER DATED| ||11-11-2021 ALONG WITH PROPOSAL BY THE 2ND| ||PETITIONER| |EXHIBIT-P5|TRUE COPY OF THE LETTER NO.MOSCMC/TF/51/22| ||DATED 30-8-2022.| |EXHIBIT-P6|TRUE COPY OF THE LETTER NO.FRC 50/22/MBBS/| ||MOSC DATED 27-9-2022 OF FEE REGULATORY| ||COMMITTEE.| |EXHIBIT-P7|TRUE COPY OF THE LETTER NO. MOSCMC/TF/ 5A/25| ||DATED 30-9-2022 OF THE 2ND PETITIONER| |EXHIBIT-P8|TRUE COPY OF THE NOTIFICATION DATED| ||19-10-2022 ISSUED BY THE GOVERNMENT OF KERALA| |EXHIBIT-P9|TRUE COPY OF THE COVERING LETTER DATED| ||28-011-2022 ALONG WITH THE STATEMENT BY THE| ||2ND PETITIONER| -----