SARATH M.K v. STATE OF KERALA

BY ADVS - SHRI TEK CHAND – (SR.G.P.)-R1 TO R3, SHRI.N.SATHEESH, SC, KERALA UNIVERSITY OF FISHERIES OF OCEAN STUDIES KUFOS-R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.01.2024, ALONG WITH WA.1083/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Writ Appeal Nos. 1025 & 1083 of 2022 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 11TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945 WA NO. 1083 OF 2022 AGAINST THE JUDGMENT IN WP(C)NO.4359/2022 DATED 06.07.20222 APPELLANT/RESPONDENT NO.4 IN W.P.(C).NO.4359/2022: OF HIGH COURT OF KERALA KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES, REPRESENTED BY THE REGISTRAR, PANANGADU, KOCHI,PIN – 682 506. BY ADV N.SATHEESH RESPONDENTS/PETITIONERS 1 & 2/RESPONDENTS 1,2 & 3 WPC 4359/2022: 1 2 3 4 SARATH M.K., AGED 34 YEARS S/O.M.K.KUMARAN,MELAKUNNEL HOUSE, CHELACHUVADU P.O., IDUKKI, PIN-685 606. JAYACHANDRAN U.A., AGED 56 YEARS, S/O.AYYAPPAN, GOVINDAM, XII/377A, KTRA 50, KUREEKKADU, PIN-682 305. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, SCHEDULED CASTE AND SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, KERALA STATE, THIRUVANANTHAPURAM, PIN-695 001. THE DIRECTOR, SCHEDULED CASTE AND SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, KERALA STATE, THIRUVANANTHAPURAM,PIN- 695 033. Writ Appeal Nos. 1025 & 1083 of 2022 3 5 THE DISTRICT OFFICER, SCHEDULED CASTE AND SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, COLLECTORATE BUILDING, KAKKANADU,PIN-682 030. BY ADVS. SRI.T.KABIL CHANDRAN-R1 & R2 SMT.LATHA THANKAPPAN, SPL GOVERNMENT PLEADER-R3,R4 & R5 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

11.01.2024, ALONG WITH WA.1025/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Writ Appeal Nos. 1025 & 1083 of 2022 4 AMIT RAWAL & C.S.SUDHA, JJ. --------------------------------------------------------------- Writ Appeal Nos. 1025 & 1083 of 2022 --------------------------------------------------------------- Dated this the 11th day of January, 2024 J U D G M E N T Amit Rawal, J. The question involved in the present intra court appeal is whether a High Court can grant a declaration in a case set up by the students pursuing the L.L.M. Maritime evening course from the University of Kerala for Fisheries and Ocean Studies, particularly when they are holding the post of Civil Police Officer and Divisional Manager without leave, allowance or otherwise. The petitioners in the writ petition had approached the learned Single Bench with the following prayers: “1. Declare that the petitioners are entitled for educational assistance by way of fee concession, granted to Scheduled Caste students, for the course L.L.M.-Maritime Law under the 4th respondent university;

2. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the Writ Appeal Nos. 1025 & 1083 of 2022 5 respondents 1 to 3 to extend the benefit of educational assistance by way of fees concession to the petitioners for the course L.L.M.-Maritime Law under 4th respondent University;

3. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to consider Exhibit P8 representation positively, within a timeframe stipulated by this Court;

4. Issue any such other writ order or direction as this Hon'ble Court deems fit in the circumstances of the case; and

5. To award cost to petitioner.”

2. The prayer no.1 hinged upon Exts.P3 and P4 would specify that the fee concession is applicable to the Scheduled Caste Government employees studying in part time courses and availed the leave without allowance for studies. It was asserted that the petitioners do not fall within the aforementioned category and therefore sought the indulgence of the Single Bench to grant the benefit as they belong to SC/ST caste and entitled to fee concession as has been given to the students who are pursuing the regular courses during day time. The contention of the University was that the terms and conditions of the Writ Appeal Nos. 1025 & 1083 of 2022 6 prospectus is sacrosanct and there was no such condition of granting the concession of fees to such type of candidates but the candidates on their own had paid the fees as applicable to SC/ST candidates and it is on that account, they held the certificates/degrees for want of full fees.

3. Learned Single Bench on the basis of the pleadings, relying upon Ext.P3 and P4 disposed of the writ petition to the effect that the case of the writ petitioners was covered and issued the following directions: “(a) The petitioners will remit the applicable fees to the 4th respondent within a period of three weeks from the date of receipt of a copy of this judgment. (b) The University will, whether they receive the fees or otherwise in terms of the afore directions, release the Transfer Certificates, as also the educational and other certificates, to the petitioners within a period of two weeks from the date of receipt of a copy of this judgment. (c) In the event the petitioners do not comply with the directions in (a), the University will have Writ Appeal Nos. 1025 & 1083 of 2022 7 full liberty to initiate any appropriate action against them for recovery of the fees, including by approaching their employer for such purpose; and all their liberties in such regard are left open.”

4. Two appeals have been filed, i.e., W.A.No.1025/2022 on behalf of the University for not granting the declaration as envisaged under prayer no.1 and W.A.No.1083/2022 pertaining to the second direction to release the certificate if the fees paid or otherwise.

5. The contention of the counsel representing the University is that if the second prayer is construed as it is, the University would be faced with contempt proceeding in case the certificates are not released even if they failed to pay the applicable fees as per direction no.1. On the other hand, the contention of the learned counsel representing the applicants is that the learned single Bench ought not to have directed the petitioners to pay the applicable fees without specifying whether it would be under concession or without concession.

6. We have heard the counsel for parties and appraised the paperbooks.

7. Relevant portion of Exts.P3 and P4 read as under - Writ Appeal Nos. 1025 & 1083 of 2022 8 Ext.P3 - “Attention is invited to the references. It is thereby informed that it is unable to grant fee concessions to Scheduled Caste government employees who are studying in part-time courses and Scheduled Caste government employees who have availed Leave Without Allowance for studies.” Ext.P4 - “Your attention is invited to the references cited above. It is informed that government employees who have taken Leave Without Allowance for study purposes are not eligible for educational concession as per Part-1 of the KSR, and hence the said benefit is not available to the employees belong to Scheduled Caste also.”

8. Aforesaid orders of the Government reveal that the concession of fees would be applicable to the part time students who have availed leave without allowance for studies. In the instant case both the petitioners have not taken any leave and discharging during day-time the duties of Civil Police Officer and Divisional Manager, LIC. It defies logic that they are not earning and have not taken the leave for pursuing the studies. Even if they belong to SC/ST category, the said concession is not permissible as it would entail into multiple Writ Appeal Nos. 1025 & 1083 of 2022 9 litigations and University would be thronged with innumerable applications for grant of such benefit. Concession of fees is applicable only to the candidates who are diligently pursuing the course without undertaking any other employment. Even otherwise, the terms and conditions of the prospectus do not accord any benefit to the students of such nature and cannot be interpreted to the suitability of students. We thus, are of the view that the learned single Bench ought not to have directed the University to release the certificates without receipt of full applicable fees. The expression 'applicable' contained in direction no.1 would mean full fees without any concession and the second direction with regard to the expression 'otherwise' is expunged. Question raised above is answered in favour of the University In the result, W.A.No.1083 of 2022 is partly allowed and W.A.No.1025 of 2022 is dismissed. Sd/- JUDGE AMIT RAWAL Sd/- C.S.SUDHA JUDGE Writ Appeal Nos. 1025 & 1083 of 2022 10 APPENDIX OF WA 1025/2022 PETITIONERS' EXHIBITS:- ANNEXURE P1 A TRUE COPY OF THE G.O.(MS.) NO.20/2022/SCSTD DATED 08.04.2022.