Muslim Educational Society Kozhikode; Dr. P.A. Fazal Gafoor; MES Medical College Perinthalmanna v. Fee Regulatory Committee for Professional Colleges & The State of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN THURSDAY, THE 4TH DAY OF DECEMBER 2014/13TH AGRAHAYANA, 1936 WP(C).No. 20505 of 2014 (K) ---------------------------- ## PETITIONER(S)/PETITIONERS: ----------------------------------------- 1. MUSLIM EDUCATIONAL SOCIETY KOZHIKODE, REPRESENTED BY ITS GENERAL SECRETARY PROF. P.O.J.LABBA. 2. DR. P.A.FAZAL GAFOOR, AGED 57 YEARS S/O. LATE DR. P.K.ABDUL GAFOOR, PADIYATH HOUSE KANNUR ROAD, KOZHIKODE. 3. M.E.S. MEDICAL COLLEGE PERINTHALMANNA, PALACHUVADU P.O., MALAPPURAM DISTRICT REP. BY ITS DIRECTOR, DR. P.A.FAZAL GAFOOR. BY ADVS.SRI.P.RAVINDRAN (SR.) SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.KANDAMPULLY RAHUL SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR SRI.P.U.VINOD KUMAR SRI.BABU KARUKAPADATH ## RESPONDENT(S)/RESPONDENTS: ---------------------------------------------- 1. FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES REP. BY ITS MEMBER SECRETARY, RAM MOHAN PALACE ERNAKULAM, COCHIN-682 031. 2. THE STATE OF KERALA REP. BY PRINCIPLE SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVT. SECRETARIAT THIRUVANANTHAPURAM-695 001. R1 BY ADV. SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR P R2 BY GOVERNMENT PLEADER SRI.ROSHEN D.ALEXANDER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-12-2014, ALONG WITH W.P.(C) NO.32128/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20505 of 2014 (K) ---------------------------- ## APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- A TRUE COPY OF THE MINORITY CERTIFICATE DATED 17-08-2007 ISSUED BY THE NATIONAL COMMISSION FOR MINORITIES EDUCATIONAL INSITITUTIONS, NEW DELHI, TO THE 3RD PETITIONER. EXHIBIT P2- A TRUE COPY OF THE AGREEMENT DATED 23-5-2013 EXECUTED BETWEEN THE KERALA PRIVATE COLLEGE MANAGEMENT ASSOCIATION AND THE GOVERNMENT IN RESPECT OF THE ACADEMIC YEAR 2013-2014. EXHIBIT P3- A TRUE COPY OF THE GOVERNMENT ORDER DATED 7-6-2013 ISSUED IN PURSUANCE TO THE AGREEMENT. EXHIBIT P4- A TRUE COPY OF THE LETTER DATED 10-6-2014 ALONG WITH THE RELEVANT DOCUMENTS SUBMITTED BY THE 3RD PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P5- A TRUE COPY OF THE LETTER DATED 25-6-2014 ISSUD BY THE 1ST RESPONDENT TO THE PETITIONER MEDICAL COLLEGE. EXHIBIT P6- A TRUE COPY OF THE LETTER DATED 2-7-2014 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P7- A TRUE COPY OF THE MINUTES OF THE PROCEEDINGS DATED 31-7-2014 OF THE 1ST RESPONDENT. EXHIBIT P8- A TRUE COPY OF THE G.O. DATED 16-7-2014. EXHIBIT P9- A TRUE COPY OF THE MINUTES OF THE PROCEEDINGS DATED 22-7-2014 OF THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS : -------------------------------------- ANNEXURE R1(a) : TRUE COPY OF THE LETTER DATED 15.1.2014 SENT BY THE FIRST RESPONDENT. //TRUE COPY// P.A. TO JUDGE ## **K.T.SANKARAN & P.D.RAJAN, JJ.** **---------------------------------------------------W.P.(C) NOS.20505 & 32128 OF 2014 ---------------------------------------------------Dated this the 4[th] day of December, 2014** ## **JUDGMENT** ## **K.T.Sankaran, J.** Petitioners in both the Writ Petitions are the same. The questions involved are almost similar. Therefore, we are disposing of these Writ Petitions by this common judgment. In W.P.(C) No.20505 of 2014, the petitioners challenge Ext.P9 order dated 22.7.2014 passed by the Admission Supervisory Committee & Fee Regulatory Committee for Professional Colleges of Kerala (hereinafter referred to as 'the Committee'), by which the Committee provisionally fixed a uniform fee of ₹3.50 lakhs per student per annum for MBBS Course for 2014-15 for the entire 100 students in MES Medical College, Perinthalmanna. The fixation of fee made by the Management at ₹5,40,000/- per student was turned down by the Committee. 2. In W.P.(C) N0.32128 of 2014, the petitioners therein ## **W.P.(C) NOS.20505 & 32128 OF 2014** :: 2 :: challenge Ext.P3 order dated 22.7.2014, by which the Committee fixed the annual tuition fee of each student for all the seats in MES Dental College, Perinthalmanna at ₹2.50 lakhs as against the fixation of fee at ₹3.75 lakhs per student by the Management. 3. Sri.P.Ravindran, the learned senior counsel appearing for the petitioners submitted that the Committee has no jurisdiction to fix the fee. He relied on paragraph 48 of the judgment of the Division Bench in **Lisie Medical & Educational Institutions** v. **State of Kerala (2007 (1) KLT 409)** and the decision of another Division Bench in **Malankara Orthodox S.C.M. College** v. **Fee Regulatory Committee (2007 (4) KLT 530)** . 4. The learned Standing Counsel appearing for the Committee submitted that those decisions of the Division Bench as such did not prohibit fixation of fee by the Committee absolutely. In certain circumstances where the Management does not co-operate and if the Committee finds that the fixation of fee made by the Management is exorbitant and unreasonable and that there is an aim ## **W.P.(C) NOS.20505 & 32128 OF 2014** :: 3 :: of profiteering, the Committee can very well fix the fee on its own on the basis of the materials available in the case. 5. For the time being, we do not think it is necessary to consider these rival submissions on the powers of the Committee to fix the fee since the Committee, as per the orders impugned in these Writ Petitions, has only provisionally fixed the fee, subject to further variation. 6. The learned Standing Counsel appearing for the Committee submitted that as per Ext.R1(a) marked in W.P.(C) No.20505 of 2014, the Committee directed the Management to produce five documents including accounts, income tax return, TDS return, annual report, development programme, etc. But the Management failed to produce all the relevant documents so that the Committee could not make a complete assessment of the situation as to whether there was an aim of profiteering. At the same time, the Committee felt that the fee fixed by the Management is on the higher side, taking into account the facts and circumstances of the case. ## **W.P.(C) NOS.20505 & 32128 OF 2014** :: 4 :: 7. The learned senior counsel appearing for the Management submitted that in other Private Self Financing Institutions, fee for MBBS Course is more than ₹3.50 lakhs and annual fee for BDS Course is more than ₹2.50 lakhs and therefore, there was no justification for the Committee to fix fee at ₹3.50 lakhs and ₹2.50 lakhs respectively to the detriment of the interests of the Management. The learned senior counsel also submitted that the facilities provided to the students and the standard of education provided for by the Management in the particular case is far high when compared to the other colleges in the State. It is submitted that the Committee failed to take into account these relevant aspects in the case. 8. We make it clear that we have not considered the question whether under Section 6 of the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-exploitative Fee and other Measures to Ensure Equity and Excellence in Professional Education) Act 2006 (Act 19 of 2006), the Fee Regulatory Committee has jurisdiction to fix the fee ## **W.P.(C) NOS.20505 & 32128 OF 2014** :: 5 :: under peculiar circumstances or not. We leave that question open to be considered, if necessary, at a later point of time. Since the Committee made it clear that the fixation of fee as per the two orders impugned in these Writ Petitions was only provisional and since the Committee made it clear that variation could be made on the basis of the documents which the Managements may produce, we direct the Managements to produce all the relevant documents before the Committee for taking a final decision in the matter. The Managements will produce all the relevant documents before the Committee within a period of ten days. It is submitted by the learned counsel for the Managements that the Managements will produce all the relevant documents before the Committee within ten days. The Committee shall afford an opportunity to the parties to put forward their contentions with reference to the documents and otherwise and take a final decision in the matter within a period of one month thereafter. The decision shall be taken by the Committee untrammelled by any of the observations and findings made by the Committee in the orders impugned. ## **W.P.(C) NOS.20505 & 32128 OF 2014** :: 6 :: The Writ Petitions are disposed of as above. **(K.T.SANKARAN) Judge** **(P.D. RAJAN) Judge** ahz/