Vivek Surendran and others v State of Kerala and others; Rahul S. Krishnan and Aparna Jayan v State of Kerala and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942** ## **WP(C).No.12990 OF 2020(W)** ## **PETITIONERS:** **1 VIVEK SURENDRAN, AGED 23 YEARS, S/O.SURENDRAN, SOUPARNIKA, PERISSERI P.O., CHENGANNOOR, ALAPUZHA DISTRICT-689 126. 2 SURABHI.S., AGED 23 YEARS D/O.SATHEESH KUMAR, SURABHI BHAVAN, PARAMUKAL, KARAKONAM, POOVACHAL P.O., THIRUVANANTHAPURAM-695 572.** **3 VIVEK K.ABHILASH, AGED 23 YEARS, S/O.S.ABHILASH, PRADEEP NIVAS, KUNNINPURAM, CHAIKOTTUKONAM, MARUTHATHOOR, NEYYATTINKARA, THIRUVANANTHAPURAM-695 122.** **BY ADV. SRI.ARUN MATHEW VADAKKAN** ## **RESPONDENTS:** **1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, SCHEDULED CASTES AND SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT-695 001.** **2 SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** WP(C) Nos.12990/2020 & 1176/2021 : 2 : - **3 SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **4 SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **5 THE DIRECTOR, SCHEDULED CASTES DEVELOPMENT DEPARTMENT, VIKAS BHAVAN, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033.** - **6 THE DISTRICT SCHEDULED CASTES OTHER ELIGIBILITY COMMUNITY DEVELOPMENT OFFICER, CIVIL STATION, PALAKKAD DISTRICT-678 001.** - **7 THE PRINCIPAL, KARUNA MEDICAL COLLEGE, VILAYODI, CHITTUR, PALAKKAD DISTRICT-678 103.** ## **SPL. GOVERNMENT PLEADER(SC/ST) SRI.M.K.ROBIN RAJ** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.03.2021, ALONG WITH WP(C).1176/2021(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) Nos.12990/2020 & 1176/2021 : 3 : ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **THURSDAY, THE 04TH DAY OF MARCH 2021/13TH PHALGUNA, 1942** ## **WP(C).No.1176 OF 2021(V)** ## **PETITIONERS:** - **1 RAHUL S.KRISHNAN, AGED 23 YEARS, S/O.SURESH KUMAR, MADHAVAM, GDRA-19 GREEDALE VILLAS, MUDAVAN MUGHAL, POOJAPPURA P.O., TRIVANDRUM, 695 012** - **2 APARNA JAYAN, AGED 23 YEARS, D/O.V.JAYAKUMAR, KARTHIKA, THIRUMALA, TRIVANDRUM 695 006** **BY ADVS. SRI.V.T.RAGHUNATH SMT.C.V.RAJALAKSHMI** ## **RESPONDENTS:** - **1 STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY, SC/ST DEVELOPMENT DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM 695 001** - **2 DIRECTOR OF SC/ST DEPARTMENT DEVELOPMENT, NANADAVANAM, TRIVANDRUM, 695 033** - **3 DISTRICT WELFARE OFFICER, DIST. OFFICE, SC/ST DEVELOPMENT DEPARTMENT, CIVIL STATION, PALAKKAD, 678 001** WP(C) Nos.12990/2020 & 1176/2021 : 4 : **4 PRINCIPAL, KARUNA MEDICAL COLLEGE, VILAYODI, CHITTOOR PALAKKAD 678 103** **R4 BY ADV. SRI.GEORGE POONTHOTTAM (SR.) R4 BY ADV. SMT.NISHA GEORGE SPL. GOVERNMENT PLEADER FOR (SC/ST) SRI.M.K.ROBIN RAJ.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.03.2021, ALONG WITH WP(C).12990/2020(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) Nos.12990/2020 & 1176/2021 : 5 : ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ ## _**Dated this the 4[th] day of March, 2021**_ [WP(C) Nos.12990/2020 & 1176/2021] These writ petitions have been filed by students doing MBBS Course in Karuna Medical College in Palakkad District. The petitioners seek to direct the respondents to take urgent steps for sanction and remittance of the entire e-grant benefits due to the College authorities immediately and to restrain the Medical College from making demands of fee from the petitioners. 2. As is evident from pleadings, 100 students were admitted to Karuna Medical College for MBBS during the year 2016-'17. The admissions were made by the College authorities themselves. The admissions made by the College authorities were cancelled by the Admission Supervisory Committee on 02.10.2016. The cancellation of admission was upheld by this Court. Fresh allotments to all these 100 seats WP(C) Nos.12990/2020 & 1176/2021 : 6 : was made on 07.10.2016 pursuant to the directions of this Court. It is submitted at the Bar that 70 students, who were already admitted in the College by the Management, were found eligible for re-admission. 30 students were found ineligible and fresh admission was given to 30 candidates against those seats. 3. The petitioners are students admitted to the Course pursuant to the allotment made on 07.10.2016. They were admitted under SC/ST category. The e-grant benefits were denied to the petitioners by the Director of SC/ST Development Department, Thiruvananthapuram. It is aggrieved by the denial of e-grant benefits that the petitioners are before this Court. 4. The learned counsel for the petitioners in W.P.(C) Nos.12990/2020 and 1176/2021 would argue that after 28.09.2016, the date on which the Hon'ble Apex Court passed orders in Civil Appeal No.9862/2016, there cannot be admission to Private Medical Colleges in the management quota. The petitioners were admitted subsequent thereto on WP(C) Nos.12990/2020 & 1176/2021 : 7 : 07.10.2016. Therefore, admission of the petitioners cannot be treated as under management quota. As the petitioners are not admitted under the management quota, there cannot be a further classification among the Scheduled Caste students for the purpose of grant of e-grant benefits. 5. The learned counsel for the petitioners relied on a judgment of this Court in _**Vishnu Priya and others v. State of Kerala and others** [2020 (4) KHC 328]_ to contend that once the Government confers benefits on the Scheduled Caste students in the matter of fee concession, there cannot be any micro classification among the students belonging to the Scheduled Caste communities. Relying on the judgment of the Hon'ble Apex Court in _**Avinash Singh Bagri and others v. Registrar, IIT, Delhi and another** [(2009) 8 SCC 220]_ , the learned counsel for the petitioners argued that Scheduled Castes and Scheduled Tribes are entitled to the rights flowing from Article 46 of the Constitution of India. Non Creamy Layer classification is not applicable to the SC/ST students. All SC/ST students should be taken as one class. WP(C) Nos.12990/2020 & 1176/2021 : 8 : 6. The learned Special Government Pleader appearing for the respondents vehemently opposed the writ petitions. The learned Government Pleader pointed out that the rank of the last SC candidate who was admitted to MBBS Course through the Centralised Allotment process is 11490. The petitioners in these writ petitions are far far below in the rank list. For instance, the 1[st] petitioner in W.P.(C) No.12990/2020 stands at Serial No.91235 in the rank list. There are more than 80000 students above the petitioners who aspire for admission to MBBS Course. The SC students among them are also entitled to educational benefits. Granting benefit to the petitioners in these writ petitions alone would therefore be discriminatory. This is especially so when the petitioners are not entitled for admission on merit. 7. The learned Special Government Pleader further urged that the petitioners were, in fact, admitted in the Karuna Medical College under management quota. Though this Court set aside those admissions and made fresh admission to the Course, the admissions granted to the petitioners were, in WP(C) Nos.12990/2020 & 1176/2021 : 9 : fact, under management quota only and not on merit. For this reason also, the petitioners are not eligible for e-grant benefits. 8. The learned Special Government Pleader relied on Ext.R1(b) communication issued by the Admission and Fee Regulatory Committee for Medical Education in Kerala in which the Chairman of the Committee has observed that the admission of the students in Karuna Medical College during 2016-'17 was made by the management themselves. 9. The learned Government Pleader further urged that when other Medical Colleges in Kerala were part of the common admission process, the Karuna Medical College alone stood outside the common process and made admissions of students on their own. It will be a travesty of justice if such students who were admitted under management quota are directed to be paid e-grant benefit. The learned Special Government Pleader further pointed out that there is considerable delay in filing these writ petitions. The admissions were made in the year 2016-'17. The petitioners WP(C) Nos.12990/2020 & 1176/2021 : 10 : have filed the writ petitions only in the year 2020. For this reason also, the writ petitions are liable to be dismissed. 10. I have heard the learned counsel for the petitioners and learned Special Government Pleader appearing for the respondents. 11. The facts involved in this case are not much in dispute. The petitioners were initially admitted in Karuna Medical College under management quota. However, the Admission Supervisory Committee found that the admission made by the management of the Medical College are illegal and irregular. The admissions were cancelled. Subsequently, taking into consideration the factual scenario emerging, this Court directed fresh allotments to the seats. In the fresh allotment, 70 students who were already admitted were granted re-admission. 30 students were found ineligible and removed from the list and in their place, 30 other students were granted admission. 12. The fresh allotment was made on 07.10.2016. Much before that, the Hon'ble Apex Court in Civil Appeal WP(C) Nos.12990/2020 & 1176/2021 : 11 : No.9862/2016 had passed an order prohibiting management quota admissions to Private Medical Colleges. 13. It was pursuant to the admission process carried out at the instance of the Admission Supervisory Committee that the petitioners were included in the allotment list. In the circumstances, it cannot be legally assumed that the petitioners were admitted by the College authorities under management quota. 14. Furthermore, it is to be noted that the Joint Secretary to the Scheduled Caste and Scheduled Tribe Development Department of the Government of Kerala had considered the issue relating to extension of fee concession to SC/ST students who were admitted in the College in the academic year 2016-'17 and had issued Ext.P5 letter to the Director of Scheduled Caste and Scheduled Tribe Development Department holding that those students who were admitted in Karuna Medical College pursuant to the orders of this Court and approved by the Commissioner of Entrance Examinations are entitled to educational concession. WP(C) Nos.12990/2020 & 1176/2021 : 12 : In view of the stand taken by the Government of Kerala also, the petitioners are entitled to the benefit of e-grant for their education in MBBS Course. 15. The contention of the learned Special Government Pleader that the petitioners were much below in the rank list and there are more than 80000 students above them who were aspiring fresh admission to MBBS and therefore the petitioners cannot be extended with e-grant benefits is also unsustainable. If SC/ST students are admitted to MBBS Course through the allotment process recognised by the Government, such students have to be extended with the benefits. The petitioners were admitted to the MBBS Course pursuant to a process adopted legally and it was through the Commissioner for Entrance Examinations. In the circumstances, it would be improper and unjust to deny benefits available to SC/ST students to the petitioners. 16. In the facts and circumstances stated above, this Court is of the considered opinion that the petitioners are entitled to be extended with the benefit of e-grant benefits for WP(C) Nos.12990/2020 & 1176/2021 : 13 : their studies in MBBS in Karuna Medical College. Accordingly, these writ petitions are allowed. Respondents 1 to 3 are directed to take immediate steps for sanction and disbursement of e-grant benefits due to the petitioners in these writ petitions, expeditiously. Sd/- **N. NAGARESH, JUDGE** aks/04.03.2021 WP(C) Nos.12990/2020 & 1176/2021 : 14 : ## **APPENDIX OF WP(C) 12990/2020** **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE GO(RT) NO.2689/2016/H&FWD DATED 3/10/16 ISSUED BY GOVT OF KERALA, HEALTH AND FAMILY WELFARE(S) DEPARTMENT. EXHIBIT P2 TRUE COPY OF THE REPORT BY COMMISSIONER FOR ENTRANCE EXAMINATIONS DATED NIL.** - **EXHIBIT P3 TRUE COPY OF THE REPORT DATED 14/11/16 BY ADMISSION SUPERVISORY COMMITTEE.** - **EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR E- GRANTS SCHOLARSHIP DATED 30/10/2016 SUBMITTED BY THE 1ST PETITIONER.** - **EXHIBIT P5 TRUE COPY OF THE LETTER DATED 6/5/17 ISSUED BY DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER, PALAKKAD TO DIRECTOR, SCHEDULED CASTE DEVELOPMENT DEPARTMENT.** **EXHIBIT P6 TRUE COPY OF THE LETTER DATED 4/10/17 BY DIRECTOR, SCHEDULED CASTE DEVELOPMENT DEPARTMENT TO THE PRINCIPAL SECRETARY SCHEDULED CASTE SCHEDULED TRIBE DEVELOPMENT DEPARTMENT.** - **EXHIBIT P7 TRUE COPY OF THE LETTER DATED 30/10/17 ISSUED BY SCHEDULED CASTE SCHEDULED TRIBE DEVELOPMENT(A) DEPARTMENT TO DIRECTOR, SCHEDULED CASTE DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM.** **EXHIBIT P8 TRUE COPY OF THE SANCTIONING STATUS OF E-GRANT OF 1ST PETITIONER DATED NIL.** WP(C) Nos.12990/2020 & 1176/2021 : 15 : ## **EXHIBIT P9** **TRUE COPY OF THE LETTER DATED 1/4/19 ISSUED BY DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER, PALAKKAD TO DIRECTOR, SCHEDULED CASTE DEVELOPMENT DEPARTMENT.** **EXHIBIT P10** **TRUE COPY OF THE LETTER DATED 27/7/19 ISSUED BY DIRECTOR, SCHEDULED CASTE DEVELOPMENT DEPARTMENT TO DIRECTOR, SCHEDULED CASTE DEVELOPMENT(A) DEPARTMENT.** **EXHIBIT P11** - **TRUE COPY OF THE LETTER DATED 28/12/19 ISSUED BY SCHEDULED CASTE SCHEDULED TRIBE DEVELOPMENT(A) DEPARTMENT TO THE DIRECTOR, SCHEDULED CASTE DEVELOPMENT DEPARTMENT** - **EXHIBIT P12 TRUE COPY OF THE LETTER DATED 18/11/19 ISSUED BY ADMISSION SUPERVISORY COMMITTEE TO THE 1ST PETITIONER.** - **EXHIBIT P13 TRUE COPY OF THE FEES ASKING NOTICE ISSUED FROM KARUNA MEDICAL COLLEGE TO THE 1ST PETITIONER'S FATHER DATED 4/5/20.** - **EXHIBIT P14 TRUE COPY OF THE FEES ASKING NOTICE ISSUED FROM KARUNA MEDICAL COLLEGE TO THE 2ND PETITIONER'S FATHER DATED 4/5/20.** - **EXHIBIT P15 TRUE COPY OF THE FEES ASKING NOTICE ISSUED FROM KARUNA MEDICAL COLLEGE TO THE 3RD PETITIONER'S FATHER DATED 4/5/20.** **EXHIBIT P16** **TRUE COPY OF THE ORDER DATED 14/11/2017 NUMBERED AS 10/2017 BY THE SCHEDULED CASTE SCHEDULED TRIBE DEVELOPMENT(A) DEPARTMENT.** WP(C) Nos.12990/2020 & 1176/2021 : 16 : **EXHIBIT P17** **TRUE COPY OF THE LETTER DATED 17/7/2018 ISSUED BY DIRECTORATE OF SCHEDULED CASTE DEVELOPMENT DEPARTMENT TO DIRECTOR, DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER, KANNUR.** ## **EXHIBIT P18** **TRUE COPY OF THE GO(RT) NO.2336/2016 2016/H & FWD DATED 23/8/2016 ISSUED BY HEALTH AND FAMILY WELFARE DEPARTMENT.** **EXHIBIT P19** **TRUE COPY OF THE GO(RT) NO.2991/2016/H & FWD DATED 4/11/2016 ISSUED BY HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA.** ## **RESPONDENTS' EXHIBITS:** **EXHIBIT R1(a) TRUE COPY OF THE G.O.(RT.) NO.2314/2016/H&FWD DATED 20.08.2016 EXHIBIT R1(b) TRUE COPY OF THE LETTER DATED 01.06.2019 EXHIBIT R1(c) TRUE COPY OF THE NOTIFICATION DATED 03.10.2016 ISSUED BY COMMISSIONER FOR ENTRANCE EXAMINATION EXHIBIT R1(d) TRUE COPY OF THE G.O.(P) No.50/2009/SCSTDD DATED 02.07.2009 ISSUED BY SCHEDULED CASTE/SCHEDUTED TRIBE DEVELOPMENT DEPARTMENT** WP(C) Nos.12990/2020 & 1176/2021 : 17 : ## **APPENDIX OF WP(C) 1176/2021** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1** **COPY OF THE ORDER OF CANCELLATION BY THE ADMISSION SUPERVISORY COMMITTEE OF THE ADMISSION BY THE KARUNA MEDICAL COLLEGE DT. 2.10.2016** **EXHIBIT P2 COPY OF THE REPORT OF THE ADMISSION PROCEEDINGS SUBMITTED BY THE COMMISSIONER OF ENTRANCE EXAMINATION TO THE HIGH COURT** **EXHIBIT P3 COPY OF THE FINAL ALLOTMENT DONE BY ASC DT. 14.11.2016** **EXHIBIT P4 COPY OF THE GO (RT) NO.2336/2016 H AND FWD DT. 23.8.2016** **EXHIBIT P5 COPY OF THE ORDER DT. 30.10.2017 EXHIBIT P6 COPY OF THE GO NO.10/2017 DT. 14.11.2017** - **EXHIBIT P7 COPY OF THE SANCTION DETAILS** - **EXHIBIT P8** - **COPY OF THE LETTER NO.A2-116/2019 DATED 28.12.2019 OF THE SC/ST DEPARTMENT TO THE PRINCIPAL SECRETARY** **EXHIBIT P9 LETTER BY THE SC/ST DEPARTMENT DT. 20.03.2017 TO THE COLLEGE** - **EXHIBIT P10 REPLY LETTER DT. 28.3.2017 BY THE COLLEGE TO THE SC/ST DEPARTMENT** - **EXHIBIT P11 LETTER DT. 4.5.2020 ISSUED FROM THE COLLEGE TO THE FATHER OF THE 2ND PETITIONER** SR