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SEETHA.C., D/O. DR.V.CHANDRAN, MITHILA versus THE STATE OF KERALA

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SEETHA.C., D/O. DR.V.CHANDRAN, MITHILA v. THE STATE OF KERALA - WA No. 2225 of 2007 [2007] RD-KL 17305 (13 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 2225 of 2007()

1. SEETHA.C., D/O. DR.V.CHANDRAN, MITHILA,
... Petitioner

2. SAFNA N., D/O.N.KHADER, NAYADATH HOUSE,

3. SRUTHI RAJ, D/O.SUDHARMA RAJU,

4. APARNA M., D/O.M.JAYARAJAN,

5. MARY LIBA BARRID, D/O C.J.BARRID,

6. JAYALAKSHMY T.R., D/O.T.R.RAMACHANDRAN,

7. P.ARCHANA, D/O P.SATHIAN,

8. PRIYA T.P., D/O.RADHAMANI T.P.,

9. DEEPA.K., D/O.K.KUNHIRAMAN NAMBIAR,

10. DIVYA.A., D/O A.GOPALAN, CHITHIRA,

11. DIVYA C.BALAN, D/O.C.K.GEETHA,

12. SOUMYA E.A., D/O.MADHAVAN NAMBOODIRI E.A

13. FAIZAL AHAMMED.A., S/O ABDUL HAMEED A,

14. ANJALI DEVI, NANDANAM, MANKAVU (PO),

15. SREEBHA.A., SREEPURAM, VENGAD (PO),

16. SHAFNA.V., SHAFNA HOUSE, CELLANNUR (PO),

17. NAVEEN C.R., S/O.P.CHANDAR,

Vs

1. THE STATE OF KERALA,
... Respondent

2. THE SECRETARY, HIGHER EDUCATION

3. THE SECRETARY TO GOVT. HEALTH AND

4. THE PRINCIPAL, PARASSINIKKADAVU

For Petitioner :SRI.C.P.MOHAMMED NIAS

For Respondent : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU The Hon'ble MR. Justice K.T.SANKARAN

Dated :13/09/2007

O R D E R

H.L. DATTU, C.J. & K.T. SANKARAN, J.

................................................................................... W.A. No. 2225 OF 2007 ...................................................................................

Dated this the 13th September, 2007



J U D G M E N T

H.L. Dattu, C.J.: This appeal is directed against the orders passed by the learned single Judge in W.P.(C) No. 17185 of 2006.

2. Admittedly, the petitioners/appellants are prosecuting their studies in a Self Financing College. They were admitted to the B.A.M.S. course during the academic year 2003-04. They were asked to pay the fee as fixed by Justice K.T. Thomas Commission for their 2nd and 3rd year course. Aggrieved by the action of the Management of the 4th respondent's College, the petitioners were before this court in W.P.(C) 17185 of 2006.

3. Learned single Judge, following the decision of a Division Bench of this Court, by his impugned order, has rejected the Writ Petition. Aggrieved by the said order, the petitioners/appellants are before us in this appeal.

4. After arguing the matter for quite sometime, learned counsel, Shri Mohammed Nias C.P., appearing for the petitioners/appellants would submit that, for the present, he may be permitted to approach the Fee Regulatory Committee, constituted by the State Government for fixation of the fee structure for B.A.M.S. course in the 4th respondent's College. The learned counsel would further submit that he may be permitted to withdraw the Writ Appeal also for the present.

5. The request of the learned counsel, in our opinion, appears to be W.A. No. 2225 OF 2007 2 reasonable. If it is granted, in our opinion, no injustice would be caused to any one of the parties to the lis. Therefore, the following:

O R D E R



i) The Writ Appeal is disposed of as withdrawn, for the present. ii) The petitioners/appellants are permitted, if they so desire, to approach the Fee Regulatory Committee constituted by the State Government for fixation fee structure in the Self Financing Colleges. If and when the petitioners/appellants approach the said Fee Regulatory Committee, it will look into the grievances of the petitioners/appellants and will pass appropriate orders in accordance with law. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE. K.T. SANKARAN,

JUDGE.

lk


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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