W.P.(C) Nos. 7771/2018 (V), 10792/2018 (Y), 11313/2018 (L), 33160/2018 (T) related to fee fixation under the Kerala Medical Education Act, 2017

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **THURSDAY, THE 23RD DAY OF JULY 2020 / 1ST SRAVANA, 1942** **WP(C).No.7771 OF 2018(V)** ## **PETITIONERS:** - **1 THE PRINCIPAL , KMCT MEDICAL COLLEGE MANASSERY, KOZHIKODE, KERALA 673 602.** - **2 DR. K.M NAVAS EXECUTIVE TRUSTEE,KUNHITHARUVAI MEMORIAL CHARITABLE TRUST,MANASSERY, KOZHIKODE, KERALA 673 602** **BY ADVS.** **SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE** ## **RESPONDENTS:** - **1 THE ADMISSION AND FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALAT.C 15/15534,PRASANTHI BUILDINGS, M.P APPAN ROAD,VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014REPRESENTED BY THE CHAIRMAN.** - **2 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHEIF SECRETARYHEALTH & FAMILY WELFARE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001** **R1-2 BY GOVERNMENT PLEADER** ## **OTHER PRESENT:** **SRI. M.A.ASIF-SPL. G.P., SMT. MARY BENJAMIN-S.C.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-05-2020, ALONG WITH WP(C).10792/2018(Y), WP(C).11313/2018(L), WP(C).33160/2018(T), THE COURT ON 23-07-2020 DELIVERED THE FOLLOWING:** W.P.(C)NO.7771/2018 & con.cases 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** ## **THE HONOURABLE MR. JUSTICE GOPINATH P.** **THURSDAY, THE 23RD DAY OF JULY 2020 / 1ST SRAVANA, 1942** ## **WP(C).No.10792 OF 2018** ## **PETITIONERS:** - **1 ALTHAF HUSSAIN AGED 19 YEARS, DR.HUSSAIN KHAN, FIRDOUSE, OACHIRA, KOLLAM, KERALA-679330.** - **2 ASWIN R.J. AGED 20 YEARS, S/O.RETNAKUMARAN G., SREERAGAM, KANCHIYOORKONAM, KATTAKADA P.O., THIRUVANANTHAPURAM.** - **3 AKBAR S. AGED 19 YEARS, S/O.M.SAJEEV, RAODVILA HOUSE, OTTUMALA, KATTADI P.O., KOLLAM.** - **BY ADVS. SRI.ROSHEN.D.ALEXANDER SMT.TINA ALEX THOMAS** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE ADMISSION FEE REGULATORY COMMITTEE REPRESENTED BY THE CHAIRMAN, PRASANTHI BUILDINGS, M.V.APPAN ROAD, VAZHUTHACADU, THIRUVANANTHAPURAM695001.** - **3 TRAVANCORE MEDICAL COLLEGE MYLAPORE UMAYANALLOOR P.O., KOLLAM-691589, REPRESENTED BY ITS PRINCIPAL.** W.P.(C)NO.7771/2018 & con.cases 3 **4 COMMISSIONER FOR ENTRANCE EXAMINATION 5TH FLOOR ,HOUSING BOARD BUILDING,SANTHI NAGAR,THIRUVANANTHAPURAM-695 001 Addl.R4 impleaded as per order dated 8/11/2018 in IA NO.4/2018I IN WPC.** **R1 & R4 BY SPL.GOVERNMENT PLEADER SRI. M.A. ASIF R2 SMT. MARY BENJAMIN SC, ASC** **R3 BY ADV. SRI.TONY GEORGE KANNANTHANAM** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-052020, ALONG WITH WP(C).7771/2018(V), WP(C).11313/2018(L), WP(C).33160/2018(T), THE COURT ON 23-07-2020 DELIVERED THE FOLLOWING:** W.P.(C)NO.7771/2018 & con.cases 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **THURSDAY, THE 23RD DAY OF JULY 2020 / 1ST SRAVANA, 1942** **WP(C).No.11313 OF 2018** ## **PETITIONERS:** - **1 THE CHIEF EXECUTIVE OFFICER NEHRU COLLEGE OF EDUCATIONAL AND CHARITABLE TRUST, P.K. DAS INSTITUTE OF MEDICAL SCIENCES,VANIYAMKULAM, PALAKKD DISTRICT, KERALA STATE,PIN.679522.** - **2 THE PRINCIPAL P.K. DAS INSTITUTE OF MEDICAL SCIENCES,VANIYAMKULAM, PALAKKD DISTRICT, KERALA STATE,PIN.679522.** **BY ADV. SRI.GEORGE JACOB (JOSE)** ## **RESPONDENTS:** - **1 ADMISSION & FEE REGULATORY COMMITTEE THRUVANANTHAPURAM,KERALA STATE, PIN 695039.REPRESENTED BY IS CHAIRPERSON.** - **2 THE STATE OF KERALA HEALTH AND FAMILY WELFARE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM,PIN.695001.REPRESENTED BY THE SECRETARY.** **R2 BY SPL. GOVERNMENT PLEADER SRI.M.A.ASIF R1 BY SMT. MARY BENJAMIN -SC, ASC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-052020, ALONG WITH WP(C).7771/2018(V), WP(C).10792/2018(Y), WP(C).33160/2018(T), THE COURT ON 23-07-2020 DELIVERED THE FOLLOWING:** W.P.(C)NO.7771/2018 & con.cases 5 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **THURSDAY, THE 23RD DAY OF JULY 2020 / 1ST SRAVANA, 1942** **WP(C).No.33160 OF 2018(T)** ## **PETITIONER/S:** **HISANA SAYED M.S AGED 20 YEARS D/O SAYED M F, IST YEAR MBBS, MES MEDICAL COLLEGE, PERINTHALMANNA, MALAPARAMBU, PALANCHODE P O, KOLATHUR(VIA), MALAPPURAM 679 338. RESIDING AT MULAKKARA HOUSE, PONNARIMANGALAM,, MULAVUKAD P O, ERNAKULAM 682504** **BY ADVS. MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,**| ||**HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT**| ||**SECRETARIAT, THIRUVANANTHAPURAM 695001**| |**2**|**THE ADMISSION AND FEE REGULATORY COMMITTEE**| ||**REPRESENTED BY ITS CHAIRMAN,**| ||**PRASANTHI BUILDINGS, M.V APPAN ROAD, VAZHUTHACAUD,**| ||**THIRUVANANTHAPURAM 695 001.**| |**3**|**MES MEDICAL COLLEGE,**| ||**PERINTHALMANNA, MALAPARAMBU, PALANCHODE P.O,**| ||**KOLATHUR (VIA), MALAPPURAM 679 338**| ||**REPRESENTED BY ITS PRINCIPAL.**| ||**R1 BY SPL.GOVERNMENT PLEADER SRI.M.A.ASIF**| ||**R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY**| ||**COMMITTEE FOR PROF. COLLEGES**| ||**R3 BY ADV. SRI.BABU KARUKAPADATH**| ||**R3 BY ADV. SMT.M.A.VAHEEDA BABU**| W.P.(C)NO.7771/2018 & con.cases 6 **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2705-2020, ALONG WITH WP(C).7771/2018(V), WP(C).10792/2018(Y), WP(C).11313/2018(L), THE COURT ON 23-07-2020 DELIVERED THE FOLLOWING:** W.P.(C)NO.7771/2018 & con.cases 7 ## **J U D G M E N T** Dated this the 23rd day of July 2020 ## _**Gopinath.P., J:**_ These Writ Petitions have been filed challenging orders relating to fixation of fee by the Admission and Fee Regulatory Committee constituted in terms of the Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act, 2017 (hereinafter referred to as 'the Act'), in respect of Self Financing Institutions offering MBBS Course. W.P.(C)Nos.7771/2018 & 11313/2018 have been filed by the two Self Financing Institutions, while W.P.(C)Nos.10792/2018 and 33160/208 have been filed by students, who obtained admission in the Non Resident Indian (NRI) quota. The Institutions allege that the fee has been fixed arbitrarily without any concern for the actual costs involved while the students allege that the fee has been fixed at a very high rate. In all these writ petitions a challenge is made to the direction issued by the Admission and Fee Regulatory Committee (hereinafter referred to as the 'Committee') constituted in terms of the Act to remit a portion of the Fee fixed for NRI quota seats to a corpus fund for providing scholarship/ financial assistance to students falling in the 'Below Poverty Line' (BPL) category. While the Institutions claim that the said amount must be released to W.P.(C)NO.7771/2018 & con.cases 8 them, the students claim a refund of the amounts to the extent that it is directed to be remitted to the Government for the purposes of creating the corpus fund to provide scholarship/ financial assistance, as above. We do not deem it necessary to examine the general issues relating to fixation of fee raised by the Institutions/ Students as above for the matter relating to fixation of fee for the Academic Year 2017-18 onward is now pending re-consideration before the Committee on the basis of the directions issued by this Court in W.P(C) 19192 of 2019 and connected cases. The judgment of this court to which one among us (A.M.Shaffique.J.) is a party is reported as _**Director, Jubilee Mission Medical College and Research Institute v. State of Kerala & ors** - ILR 2020 (3) Kerala 191._ Therefore in these writ petitions we are only concerned with the validity of the direction issued by the Committee to remit a portion of the Fee fixed for NRI quota seats to a corpus fund for providing scholarship/ financial assistance to students falling in the 'Below Poverty Line' (BPL) category. ## 2. In _**Director, Jubilee Mission Medical College**_ ## _**(supra)**_ it was held:- _“Yet another contention urged by the management is regarding the direction by the Committee to pay Rs.5 lakhs from Rs.20 lakhs collected from NRI category students, to the corpus fund for awarding scholarship to BPL category students. Though the Committee has the power to fix the fee to be collected from NRI_ W.P.(C)NO.7771/2018 & con.cases 9 _category students, there is no power conferred on the Committee to pay portion of the said amount for any other purpose. Section 8 of the 2017 Act, which regulates the functions of the Committee does not provide any such power. Hence, the said directions in the impugned orders are liable to be set aside.”_ The issue arising for consideration in this case is actually covered by the aforesaid declaration. However when these matters were listed for consideration, arguments have been addressed again regarding this issue. We are therefore called upon to consider this question again. The Exhibits referred to in this judgment are as they appear in W.P(C) 10792/2018 unless otherwise indicated. 3. On 6.6.2018, the Government of Kerala issued G.O.(MS)No.107/2018/H&FWD containing the terms on which scholarship would be provided to students from the BPL category. The Annexure to that Government Order, which is produced as Ext.P7, contains the _**'Regulations for the Scholarship Scheme to provide financial assistance to BPL Students admitted to MBBS course in Private Self-financing Medical Educational**_ _**Institutions in the State.'**_ We need not concern ourselves with the finer details of the working of the scheme. However we must note that the G.O refers to the judgment of the Supreme Court in _**P A Inamdar & ors v. State of Maharashtra**_ - (2005) VI SCC 537 and also states that the " _mainstay of the corpus fund shall be the amount earmarked_ W.P.(C)NO.7771/2018 & con.cases 10 _by the Admission and Fee Regulatory Committee from time to time from each admission under NRI Category to MBBS Course in Self Financing Educational Institutions'._ We must also notice that the Committee had, even before the issuance of the aforesaid G.O _,_ on 27.2.2018 issued Ext.P.4 directing the remittance of Rs.5,00,000/- from the amount collected as fee from each student admitted under the NRI quota to the aforesaid corpus fund. _4._ The State of Kerala seeks to draw sustenance for the scheme contained in G.O.(MS)No.107/2018/H&FWD from the observations in paragraph 131 of the judgment in _**P A Inamdar (Supra)** (SCC Pg. 602)_ & from the observations in paragraph 80 of the judgment in **Kerala Self** _**Financing Dental College Managements Consortium v. State of Kerala** - 2017 (4) KLT 809._ The relevant portion of paragraph 131 in _**Inamdar**_ (supra) reads as follows:- _"131. Here itself we are inclined to deal with the question as to seats allocated for Non-Resident Indians (“NRI” for short) or NRI seats. It is common knowledge that some of the institutions grant admissions to a certain number of students under such quota by charging a higher amount of fee. ................................... During the course of hearing, it was pointed out that a limited number of such seats should be made available as the money brought by such students admitted against NRI quota enables the educational institutions to strengthen their level of education and also to enlarge their educational activities........... A limited reservation of such seats,_ W.P.(C)NO.7771/2018 & con.cases 11 _not exceeding 15%, in our opinion, may be made available to NRIs depending on the discretion of the management subject to two conditions. First, such seats should be utilised bona fide by NRIs only and for their children or wards. Secondly, within this quota, merit should not be given a complete go-by._ _**The amount of money, in whatever form collected from such NRIs, should be utilised for benefiting students such as from economically weaker sections of the society, whom, on well-defined criteria, the educational institution may admit on subsidised payment of their fee.** To prevent misutilisation of such quota or any malpractice referable to NRI quota seats, suitable legislation or regulation needs to be framed. So long as the State does not do it, it will be for the Committees constituted pursuant to the direction in Islamic Academy [(2003) 6 SCC 697] to regulate."_ _**(Emphasis is ours)**_ ## This Court in paragraph 80 of **Kerala Self Financing Dental College Managements Consortium (supra)** held:- " _80. While on this, we may note a limited aspect of cross subsidy, as has been permitted by the Apex Court. First, the Courts have held that admissions have to be purely on merit basis with fixed admission fee. “Fixed” means fixed for all students of the same batch of the same institution uniformly. But, the exception thereto is to be found in paragraph 131 in the case of P.A. Inamdar (supra) and followed thereafter wherein, it clearly said that there can be a 15% reservation for NRIs. where, higher amounts can be charged towards fees._ _**The higher figure or the enhancement made for such NRI students, who are also selected on merit, would be**_ W.P.(C)NO.7771/2018 & con.cases 12 _**then used to subsidise the economically weaker section of the society. Thus, what was allowed as cross subsidy, was only to the extent of taxing the NRIs. for the benefit of the poorer section of the society** and not a general subsidy in the manner in which, it is being done purporting to be under S.17 of the 2017 State Act."_ _**(Emphasis is ours)**_ We cannot fault Sri.M.A.Asif, the Learned Special Government pleader appearing for the State of Kerala in relying on the aforesaid observations to suggest that the scheme contained in G.O.(MS)No.107/2018/H&FWD was formulated to achieve what the Supreme Court had indicated in **Inamdar.** However the question to be considered is whether the creation of a corpus fund in the manner indicated in that Government Order can be sustained in the absence of 'law' either in the form of a plenary legislation or in the form of subordinate legislation. Whatever be the nature of the levy, it can be imposed only under the authority of law and not merely executive orders. We find no provision in the Act authorizing either the Commitee or the State Government to levy an amount to be credited to a corpus fund for the benefit of students belonging to the economically backward strata of the society. While the object is laudable and the observations of the Supreme Court in _**Inamdar**_ indicate that such a provision must be made, we are afraid that we cannot sustain the levy by the Government either under the W.P.(C)NO.7771/2018 & con.cases 13 ## terms of G.O.(MS)No.107/2018/H&FWD or in terms of any order passed by the Committee. In **B.C. Banerjee v. State of M.P -** AIR 1971 SC 517 it was held:- _“No tax can be imposed by any bye-law or rule or regulation unless the statute under which the subordinate legislation is made specially authorises the imposition. In the present case, the Legislature has levied excise duty or countervailing duty on the excisable articles which have been either imported, exported, transported, manufactured, cultivated or collected under any licence granted under Section 13, or manufactured in any distillery or brewery established or licensed under the Act; and the State Government has not been empowered to levy any duty on liquor which the contractors failed to lift. Therefore, the State Government was exercising a power which it did not possess and hence the rule imposing the condition in the licences and the demand notices are invalid.”_ ## In _**Ahmedabad Urban Development Authority v. Sharadkumar Jayantikumar Pasawalla**_ , (1992) 3 SCC 285 , it was held:- _"7. After giving our anxious consideration to the contentions raised by Mr Goswami, it appears to us that in a fiscal matter it will not be proper to hold that even in the absence of express provision, a delegated authority can impose tax or fee._ _**In our view, such power of imposition of tax and/or fee by delegated authority must be very specific and there is no scope of implied authority for imposition of such tax or fee.** It appears to us that the delegated authority must act strictly within the parameters of the authority delegated to_ W.P.(C)NO.7771/2018 & con.cases 14 _it under the Act and it will not be proper to bring the theory of implied intent or the concept of incidental and ancillary power in the matter of exercise of fiscal power. The facts and circumstances in the case of District Council of Jowai are entirely different. The exercise of powers by the Autonomous Jaintia Hills Districts are controlled by the constitutional provisions and in the special facts of the case, this Court has indicated that the realisation of just fee for a specific purpose by the autonomous District was justified and such power was implied. The said decision cannot be made applicable in the facts of this case or the same should not be held to have laid down any legal proposition that in matters of imposition of tax or fees, the question of necessary intendment may be looked into when there is no express provision for imposition of fee or tax. The other decision in Khargram Panchayat Samiti case [(1987) 3 SCC 82] also deals with the exercise of incidental and consequential power in the field of administrative law and the same does not deal with the power of imposing tax and fee"_ _**(Emphasis is ours).**_ Therefore we have no hesitation to hold that neither the Committee nor the Government had any authority to levy an amount to be credited to a 'corpus fund' for the benefit of students belonging to economically weaker sections of the society **in the absence of conferment of such authority by the legislature.** 5. Then the question to be considered is whether the amounts already collected should be remitted by the Government to the institutions concerned or should it be returned to the students who paid W.P.(C)NO.7771/2018 & con.cases 15 those amounts. We have already held that the object of G.O. (MS)No.107/2018/H&FWD is laudable and that the observations of the Supreme Court in _**Inamdar**_ clearly compels the State to adopt such a course of action. Therefore we cannot direct the return of the amounts collected to the students concerned. However in the absence of an enabling provision in the Act, such levy would be illegal. We are of the opinion that the amounts now kept in a separate account with the Government / Commissioner for Entrance Examinations must be transferred to the Institutions concerned to be kept in a separate account and to be utilized only for the benefit of students belonging to the economically weaker sections of society who may be admitted to such institutions on the basis of allotment. These Writ Petitions are therefore disposed of in the following terms:- ## (i) G.O.(MS)No.107/2018/H&FWD dated 6.6.2018 is quashed; (ii) The amounts collected from each N.R.I student to create a corpus for the benefit of those students belonging to the economically weaker sections of the society shall be transferred to the respective institutions where such N.R.I category students have been admitted and maintained as a separate account to be utilized only for the benefit of students belonging to the economically W.P.(C)NO.7771/2018 & con.cases 16 weaker sections of society who may be admitted to such institutions on the basis of allotment. Such account will only be operated jointly by a nominee of the self financing institution and a nominee of the State Government; - (iii) It will be open to the State of Kerala to promulgate suitable legislative measures to achieve the laudable object of providing scholarships to students belonging to economically weaker sections of the society as observed in _**Inamdar (supra);**_ - (iv) Till such time as suitable legislative measures are adopted by the State of Kerala no further amounts shall be levied or collected from NRI students already admitted or to be admitted to NRI quota seats in this academic year towards the creation or maintenance of a corpus fund for the benefit of economically weaker sections of the society. sd/- **A. M. SHAFFIQUE** Judge sd/- **GOPINATH P.** Judge acd W.P.(C)NO.7771/2018 & con.cases 17 ## **APPENDIX OF WP(C) 7771/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE NOTIFICATION NO.CEE/4900/2015/KEAM-2016/TAI DATED 0410-2016** **EXHIBIT P2 TRUE COPY OF THE ORDER AFRC 50/17/MBBWS/SFMC DATED 13-07-2017 PASSED BY THE 1ST RESPONDENT COMMITTEE EXHIBIT P3 TRUE COPY OF THE ORDER AFRC 50/18/MBBS/SFMC DATED 27-02-2018 PASSED BY THE 1ST RESPONDENT COMMITTEE** W.P.(C)NO.7771/2018 & con.cases 18 ## **APPENDIX OF WP(C) 10792/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ALLOTMENT MEMO DTD. 27-082017 ISSUED BY THE CEE.** **EXHIBIT P2 TRUE COPY OF THE PAYMENT SLIP DTD. 24-082017.** **EXHIBIT P3 TRUE COPY OF THE PROVISIONAL ORDER BEARING NO.AFRC 50/17/MBBS/SFMC DTD.13-07-2017. EXHIBIT P4 TRUE COPY OF THE ORDER BEARING NO.AFRC 50/18/MBBS/SFMC DTD.27-02-2018.** **EXHIBIT P5 TRUE COPY OF THE G.O.(RT)NO.1971/2017/H & FWD DTD.13-07-2017, FOR MES COLLEGE AND DR.SOMERVELL CSI MEDICAL COLLEGE, KARAKONAM. EXHIBIT P6 TRUE COPY OF THE G.O.(RT)NO.2040/2017/H & FWD DTD.20-07-2017. EXHIBIT P9 TRUE COPY OF THE APPLICATION DTD.15.02.2019 BY 1ST PETITIONERS FATHER BEFORE THE STATE PUBLIC INFORMATION OFFICER (SPIO) OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINTATIONS.** **EXHIBIT P10 TRUE COPY OF THE COMMUNICATION NO.AI/115/2019/CEE/RTI DTD 30.01.2019 ISSUED BY SPIO, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS TO 1ST PETITIONER'S FATHER. EXHIBIT P11 TRUE COPY OF THE ORDER NO.A3/2378/2018/CEE DTD.31.05.2019. EXHIBIT P12 TRUE COPY OF THE NOTICE DTD.04.06.2019 BEARING NO. 370/ACA (A)/2019/TMCK ISSUED BY THE 3RD RESPONDENT.** W.P.(C)NO.7771/2018 & con.cases 19 ## **APPENDIX OF WP(C) 11313/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1: TRUE COPY OF (G.O.RT)NO.2986/2015/H & FWD DATED 15/09/2015 PUBLISHED BY THE STATE GOVERNMENT.** **EXHIBIT P2: TRUE COPY OF (G.O.RT)NO.2476/2016/H & FWD DATED 03/09/2016 PUBLISHED BY THE STATE GOVERNMENT.** **EXHIBIT P3: TRUE COPY OF THE ORDER DATED 13/07/2017 ISSUED BY THE FIRST RESPONDENT COMMITTEE.** **EXHIBIT P4: TRUE COPY OF THE EMAIL COMMUNICATION DATED 10/01/2018 ISSUED FROM THE OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS.** - **EXHIBIT P5: TRUE COPY OF THE EMAIL COMMUNICATION DATED 27/02/2018 OF THE 1ST RESPONDENT COMMITTEE. ADDRESSED TO THE 2ND PETITIONER.** **EXHIBIT P6 TRUE COPY OF G.O.(P) NO.40/2018/H& FWD DATED 9/4/2018 ISSUED BY THE SECOND RESPONDENT** **EXHIBIT P7 PHOTOCOPY OF ORDER NO.AFRC 50/18/MD/MES DATED 22-02-2018 ISSUED BY THE 2ND RESPONDENT COMMITTEE.** ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R2 A TRUE COPY OF THE GOVT.ORDER G.O.(MS.)NO107/2018/H&FWD DATED 6-6-2018** - **EXHIBIT R2 B TRUE COPY OF THE G.O.(MS) NO-138/2018/H&FWD DATED 19-7-2018** - **EXHIBIT R2 C TRUE COPY OF THE G.O.(MS) NO-169/2018/H&FWD DATED 19-8-2018** **EXHIBIT R2 D TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE NRI FEE COLLECTED BY THE COMMISSIONER FOR ENTRANCE EXAMINATION AT THE TIME OF ADMISSION DURING 2017-18 AND 2018-19 AND THE UTILIZATION OF SUCH FUNS DURING 2017-18.** **EXHIBIT R2 E TRUE COPY OF THE DETAILS OF THE TOTAL AMOUNTS PAYABLE, THE AMOUNT PAID AND THE BALANCE AMOUNT TO BE PAID BY VARIOUS COLLEGES ARE TABULATED.** W.P.(C)NO.7771/2018 & con.cases 20 ## **APPENDIX OF WP(C) 33160/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 THE PHOTOCOPY OF ADMISSION MEMO NO. M-11202 DATED 01-09-2017 ISSUED TO THE PETITIONER BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS** **EXHIBIT P2 THE PHOTOCOPY OF THE PAYMENT SLIP DATED 0109-2017 IN RESPECT THE PETITIONER EXHIBIT P3 THE PHOTOCOPY OF G.O(RT) NO. 1971/2017/H&FWD DATED 13-07-2017 EXHIBIT P4 THE PHOTOCOPY OF ORDER NO. AFRC 50/17/MBBS/SFMC DATED 13-07-2017 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 THE PHOTOCOPY OF NOTIFICATION NO. CEE/4050/2016/KEAM-2017/TAI DATED 10-082017 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS. EXHIBIT P6 THE PHOTOCOPY OF ORDER NO. AFRC 50/18/MBBS/SFMC DATED 27-02-2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE ORDER NO. AFRC 50/18/MD/MS/MES DATED 22/02/2018 ISSUED BY THE 2ND RESPONDENT COMMITTEE**