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Judgment
The petitioner, Chairman of a Self Financing Dental College, is before this Court, seeking to quash Ext.P7 list issued by the 2nd respondent-
Commissioner for Entrance Examinations in so far as it includes 34 candidates eligible for fee concession, whereas the obligation of the petitioner to
give fee concession is only to 20 candidates. The petitioner further seeks to direct the 2nd respondent to instruct 14 candidates given fee concession,
in excess of 20, to pay the normal annual fee at the rate of ₹2,10,000/- from the year of admission till completion of the course.
The petitioner's College had a sanctioned intake of 100 seats for BDS Course in the year 2016. The All Kerala Self Financing Dental College
Management Consortium, of which the petitioner is a member, arrived at Ext.P1 seat sharing agreement with the Government for admission in the
year 2016. Pursuant thereto, Ext.P1 Government Order dated 06.09.2016 was issued. As per Ext.P1, 50% of the seats can be filled by the
Management and the remaining 50% should be filled up based on the allotment to be made by the Commissioner for Entrance Examinations.
The fee payable by the candidates allotted by the Commissioner under the 50% Government Merit Quota is prescribed in Ext.P1. 14% of the Merit
Quota candidates (7 candidates) belonging to BPL category need to pay only Rs.23,000/- per annum. 26% (13 candidates) belonging to SEBC
category are to pay Rs.44,000/- per annum each. Excluding these 40% (20 candidates), all other candidates shall pay an annual tuition fee of
Rs.2,10,000/-. The fees of SC/ST candidates would be paid by the Government. 35% of the students admitted under the Management Quota have to
pay Rs.5 lakhs as annual fee whereas 15% candidates admitted under NRI Quota have to pay Rs.6 lakhs per annum.
The petitioner would contend that allotment to all the students in 50% Government Quota for the year 2016, was over on 26.09.2016. The last date
for admission was 30.09.2016. The seats under the Management Quota in the petitioner's College remained unfilled and thereupon, as per Ext.P2
letter, the petitioner offered to the Government 25 Management Quota seats to be filled up by allotment by the Commissioner. In Ext.P2, the petitioner
stated that these 25 students also can study on Government fees for the year 2016â€"2017.
The petitioner states that on receipt of Ext.P2, the Government as per Ext.P3 dated 28.09.2016 directed the Commissioner for Entrance
Examinations to include the said 25 seats for spot allotment. The Commissioner thereupon published Ext.P5 Notification dated 28.09.2016, for spot
admission on 30.09.2016. In Ext.P5, the Commissioner specifically stated that students getting allotted to Self Financing Dental Colleges will have to
pay Rs.2,10,000/- as tuition fee.
Pursuant to Ext.P5, 26 students allotted by the Commissioner joined the College. On 04.12.2017, the Commissioner published a list of candidates
who were eligible for fee concession. The list contained 34 candidates allotted to the petitioner's College. The petitioner was obliged to give fee
concession only to 20 candidates. In Ext.P7 list, in the Lower Income Group, 12 candidates were listed for fee concession as against 7, and 22 SEBC
candidates were listed as against 13 candidates eligible for fee concession.
The petitioner approached the Government, the Commissioner for Entrance Examinations and the Admission Supervisory Committee to rectify the
mistake and to direct the ineligible students to pay regular fee. As the allotment is done by the Commissioner for Entrance Examinations, the petitioner
is not in a position to identify the 20 students among the 34 in Ext.P7 list, who are eligible for fee concession. The Commissioner gave Ext.P12 reply
which was vague.
The petitioner would contend that the petitioner is obliged under Ext.P1 to give fee concession only to 20 students. And unless respondents 1 and 2
identify the 20 students eligible for fee concession from among the 34 candidates allotted by the Commissioner, the petitioner will suffer huge financial
loss.
The 2nd respondent-Commissioner filed a statement in the writ petition. According to the 2nd respondent, the petitioner made Ext.P2 request before
the Government expressing their willingness to give 25 seats more to the Government for allotment under Merit Quota. The petitioner, as per Ext.P10
letter of the Principal, enhanced the number of such seats from 25 to 35. According to the 2nd respondent, the total allotment on merit made by the
Government to the petitioner's College is 85%. Therefore, those 85 seats are to be divided proportionately for BPL, SEBC and the remaining Merit
Quota seats in the ratio of 14%: 26%: 60%, in the place of the original 50 seats.
Therefore, 12 students are entitled to BPL fee of Rs.23,000/- per annum, 22 SEBC students are entitled for a fee of Rs.44,000/- and the remaining
51 students are to pay Rs.2,10,000/- per annum. As the petitioner themselves volunteered to offer the seats to the Government, the petitioner can levy
only the fee prescribed by the Government. After three years of admission, the petitioner cannot turn around and demand exorbitant fee of
Rs.2,10,000/- from students.
I have heard the learned Senior Counsel Sri. Kurian George Kannanthanam assisted by Sri. P.M. Saneer, the counsel for the petitioner, and the
learned Special Government pleader Sri. M.A. Asif representing respondents 1 and 2. Though notices were served, respondents 3 to 36 did not opt to
appear and contest the case.
The fee structure for BDS courses in Self Financing Colleges is governed by a consensual agreement entered into by the All Kerala Self
Financing Dental College Management Consortium and the Government of Kerala. Ext.P1 Government Order contains the fees to be levied by the
Colleges. Paragraph 7 of Ext.P1 Government Order prescribing the fee structure reads as follows:-
“The member colleges agreed to collect annual fees at the following concessional rates from the students admitted under the 50% Government
merit quota during the entire course period:
a. 14% of the candidates from among those allotted by the Commissioner for Entrance Examinations in each Institution coming under BPL families as
per Kerala State norms irrespective of rank of category need only pay an annual tuition of Rs.23,000/- (Rupees twenty three thousand only). If
enough number of candidates belonging to BPL category as above are not available, the balance number of candidates will be allowed concessional
fees of Rs.23,000/- (Rupees twenty three thousand only) per annum to be selected from among those allotted by the Commissioner for Entrance
Examination in each institution from those having lower family income, irrespective rank or category with the total number of BPL student eligible for
concessional fees not exceeding 14% as above. However, SC/ST category of candidates, who already enjoy fee concession benefits will not be
considered for the above purpose.
b. 26% of candidates who have been allowed SEBC status by the Commissioner for Entrance Examination in each institution shall pay an annual
tuition fee of Rs.44,000/- (Rupees forty four thousand only). They will be selected on the basis of the rank. However, if the required number of SEBC
candidates is not available among the students allotted by the CEE in the institution, the remaining number of candidates will be selected from among
the general category on the basis of income, irrespective of rank or category as explained in clause (a), with the total number of students eligible for
concessional fee not exceeding 26% as above.
c. The same principle as explained in clause (a), (b) is applicable to the minority institutions also.
d. All other candidates as explained in clause (a), (b) & SC/ST shall pay an annual tuition fee of Rs.2,10,000/-(Rupees two lakhs ten thousand only).
The fee benefits will be granted only after the closure of allotments to Private Self Financing Dental Colleges. Hence candidates (except SC/ST)
allotted to these institutions will have to remit the fee of Rs.2,10,000/-provisionally at the time of the allotment directly to the Member Colleges. The
CEE will deduct only Rs.10,000/- from the students mentioned above and this amount will be transferred to the Member Colleges within 45 days of
admission, failing which the Member Colleges can claim interest on the payment.
e. Annual fee for SC/ST students shall be paid by the Government to the concerned college, at the rate of uniform fees fixed by the Government.â€
In view of paragraph 7, the liability of the petitioner to extend fee concession would only be to 40% of the Merit Quota students, out of the 50%
Government Quota. Out of the 100 students admitted to the BDS Course in the year 2016-2017, students eligible for fee concession would therefore
be 20.
The stand of the 2nd respondent is that the Government is giving fee concession on a percentage basis to students admitted under Merit Quota and
hence the petitioner also is bound to provide fee concession on a percentage basis, on the students allotted by the Government. The said stand is
unacceptable for more than one reason.
Ext.P1 G.O. provides that 50% of the seats in the Self Financing Colleges are to be filled up by Merit Quota candidates allotted by the
Government and fee concession is to be given to 14% BPL candidates and 24% SEBC students. Therefore, relying on Ext.P1 G.O., respondents 1
and 2 cannot take a stand that the petitioner is bound to extend the fee concession to students exceeding the percentage prescribed by Ext.P1.
It is true that in addition to the 50% Merit Quota allotments made by the 2nd respondent, 34 students were admitted in the College on the basis of
spot admission made at the instance of the 2nd respondent. Ext.P5 is the Notification issued by the 2nd respondent for spot admission. In Ext.P5, the
2nd respondent himself has intimated the students that students getting allotment under the spot admission in Self Financing Dental Colleges will have
to pay Rs.2,10,000/- as tuition fee. Therefore, it is evident that respondents 1 and 2 also were aware that 14 students, who were admitted in addition to
20 students who were entitled to fee concession under Ext.P10, are liable to pay annual tuition fee at the rate of Rs.2,10,000/-.
The petitioner would have collected the said amount of annual tuition fee from 14 out of the 34 students allotted by the 2nd respondent, if the
petitioner knew who are the students not eligible for fee concession. This is only within the knowledge of the 2nd respondent. The petitioner requested
the 2nd respondent to clarify. But, as is seen from Ext.P12, the 2nd respondent gave vague reply.
The petitioner is a Self Financing Dental College, functioning under a regulatory framework, levying fees fixed under an agreement with the
Government. Forcing the petitioner to extend fees concession to students over and above the prescription, cannot stand the scrutiny of law.
In the circumstances, it is declared that the petitioner is obliged to give fee concession under Ext.P1 only to 20 candidates and that the petitioner is
entitled to collect the full fee from the remaining 14 candidates included in Ext.P7 list for the period from the year 2016â€"2017 onwards. The 2nd
respondent is directed to provide to the petitioner the name of 20 students, who are eligible for fee concession, and instruct the remaining 14 ineligible
candidates in Ext.P7 list to remit annual fee at the rate of Rs.2,10,000/- from the year of admission till the completion of the Course.
As the academic year and the course of the students are coming to an end by 31.03.2021, the 2nd respondent is directed to comply with the
aforesaid directions at the earliest and at any rate within a period of two weeks.
Writ petition is disposed of as above.