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DR. A.K.B. SADBHAVANA MISSION TRUST versus STATE OF KERALA, REPRESENTED

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DR. A.K.B. SADBHAVANA MISSION TRUST v. STATE OF KERALA, REPRESENTED - WP(C) No. 27538 of 2005(C) [2007] RD-KL 4611 (5 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 27538 of 2005(C)

1. DR. A.K.B. SADBHAVANA MISSION TRUST,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED
... Respondent

2. THE PRINCIPAL & CONTROLLING OFFICER,

For Petitioner :SRI.BABU KARUKAPADATH

For Respondent : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :05/03/2007

O R D E R

C.N.RAMACHANDRAN NAIR, J.

WP(C) Nos. 27538 of 2005 and 34657 of 2006

Dated, this the 5th day of March, 2007



J U D G M E N T

Petitioner is a trust running an institute to train students as Nurse-cum-Pharmacists in Homoeopathy. Common Examination is conducted by the Government for all the students attending the same course in Government Homoeopathy Colleges and in institutes run by petitioner and others. The questions raised pertain to petitioner's right to fix the fees to be collected from the students, the procedure for selection for admission and also the minimum qualification required for admission. The learned counsel for the petitioner pointed out that by virtue of the consistent decisions of the Supreme Court in TMA Pai

Foundation Vs. State of Karnataka (2002 (8) SCC 481),

Islamic Academy of Education Vs. State of Karnataka (2003

(6) SCC 697) and P.A.Inamdar Vs. State of Maharashtra

(2005 (6) SCC 537), management's right to fix fees is settled in their favour. The next issue covered by the above decisions is their right to make selection for admission, where the Supreme W.P.(C)Nos. 27538/05 & 34657/06 -Page numbers- Court has held that it should be done in a fare and reasonable manner. Following the above judgments, the petitioner's entitlement to fix the fees and their right of selection for admission in a reasonable manner are upheld.

2. In so far as, the minimum qualification is required, petitioner has represented to Government to take a realistic approach in the matter because if selection is from students, who secured first class in SSLC, there will be shortage of students for admission to the course. This original petition is accordingly disposed of with a direction to the 1st respondent to decide the question of qualification and dates for commencement of course.

(C.N.RAMACHANDRAN NAIR, JUDGE.)

jg


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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