Geroge Varghese vs Academy of Medical Sciences

K. Vinod Chandran, J.—The appellants are the petitioners in the writ petition, filed challenging the demand notice issued by the respondent college for fees in the Post Graduate Course, in which the appellants were admitted; in excess of the fees fixed by the Fee Regulatory Committee for Professional Colleges, impleaded herein as 3rd respondent. Initially, the appellants deposited the fees demanded by the College in the first year. Subsequently, they were permitted to continue in the 2nd year of the course on payment by an interim order dated 18.02.2013 in W.P(C) No.4411/2013 produced herein. This was by virtue of the fact both the appellants had satisfied half the demand made. Later, on the commencement of the 3rd year, the appellants were again before this Court with an interim application in the very same writ petition and the same was also allowed as per order dated 06.12.2013.

The appellants hence, have paid fees in the first year as per the demand made by the respondent College and in the second year, at half of the demand made. Essentially the appellants had remitted more than the amount fixed by the third respondent for the entire courses. However, on completion of the course and the final examination being scheduled, the respondent college refused to forward the papers of the appellants herein, for registration with the University. The appellants were then before this Court again with an interim application in the very same writ petition. The learned Single Judge directed payment of the entire fees subject, however, to the result of the writ petition.

In the context of the appellants having continued in the two years of the Post Graduate course by virtue of the interim orders issued, it is only proper that the appellants be permitted to participate in the examination, subject, however, to final orders passed in the writ petition which is still pending before this Court. The impugned order is hence set aside.

In such circumstance, there shall be a direction to the respondents 1 and 2 to forward necessary papers to the Kerala University of Health Sciences and seek registration of the appellants, online, so as to enable the participation of the appellants, in the final semester examination, scheduled by the University. It is made clear that the admittance of the appellants to the examination shall be provisional and the publication of the results shall depend upon the final orders to be passed in the writ petition. To make the provisional order effective, we, suo motu implead the Kerala University of Health and Allied Sciences, Thrissur 680 596 as additional 5th respondent. Sri P.Sreekumar is directed to take notice for the additional respondent so impleaded. In view of the order passed in the writ appeal, we are of the opinion that the same need not be kept pending and parties shall be permitted to agitate their contentions before the learned Single Judge.

Writ appeal allowed to the extent indicated above.