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Judgment
Petitioners twenty two (22) in number are the students of 2nd year Bachelor of Fisheries Science (Nautical Science) or BFSc.(NS) in the institute
of 2nd respondent affiliated with 4th respondent i.e., Cochin University of Science and Technology, Kalamassery, Kochi.
The grievances of the petitioners in the Present writ petition is that the 3rd respondent i.e., the Senior Administrative Officer of the Central Institute
of Fisheries, Nautical & Engineering Training (CIFNET) has issued a directive that the petitioners should remit 3rd semester fees amounting to
Rs.35,405/- on or before 31.12.2020. They submit that the fees is bifurcated under several heads like board training, Library, Computer Internet, Study
Tour, Swimming, Sports, Recreation etc. which could not be availed owing to the COVID-19 pandemic. Respondents is the “State†and should
adopt the concept of “welfare state†and there were no regular classes owing to the COVID-19 pandemic. In this regard the petitioners had
submitted a representation Ext.P5 dated 18.12.2020 but no action has been taken compelling the petitioners to approach this Court.
3.. This Court vide interim order dated 29.12.2020 ordered that in case the fees for the 3rd Semester in 2nd year course is paid by the petitioners, it
will be subject to the result of this writ petition. Learned counsel for the petitioners submits that some of the students had paid and some of them had
not. It is very difficult to pay such fees as the income of the parents had also reduced owing to the COVID-19 pandemic.
Learned counsel for the institution submits that a proper representation should have been addressed to the Director instead of the Administrative
Officer.
On the contrary, learned counsel representing the University submits that the aforementioned institute is not affiliated but only recognized. The fee
structure is fixed by the Institute.
Having heard learned counsel for the parties, I am of the view that the ends of justice could be met in case the representation of the petitioners
submitted to Administrative Officer is forwarded to the Director of the Institute and the Director of the Institute shall take a call on re-fixation of the
fees in view of the grounds stated by the petitioners as certain facilities for which amount is charged under various heads were not availed. Director
shall afford an opportunity of hearing to the representative of petitioners or their parents, if any, for arriving at a just and final conclusion. This exercise
to be undertaken within a period of forty five(45) days from the date of receipt of a copy of this judgment. Writ petition stands disposed of. Till such
time the representation is decided the interim order is ordered to be maintained.