Kunhitharuvai Memorial Charitable Trust v. State of Kerala

This Writ Petition was filed by educational institutions alleging that the government did not remit the course fees, special fees, hostel fees etc. of five students belonged to the Scheduled Caste/Scheduled Tribe and Other Eligible Community (OEC). The only contention put forward is that by a mistake on the part of the department concerned, fee has been remitted to the previous college and therefore, payment cannot be again made to the petitioner college.

The petitioner cannot be denied the fees of the five students nor can the students be allowed to suffer the ignominy of being treated as defaulters of the fees for no fault of theirs. The dignity and self esteem of the students are also at stake due to the unreasonable stand taken by the Government.

It is trite that the State, which is represented by the different departments, can only speak with one voice and they cannot be heard to speak in two. The Government has only one policy. The departments have to implement the government policy and not their own policy.

Doubtless, the single most powerful tool for the upliftment and progress of the Constitutionally recognized backward sections of the society is education. It is only the quality education that empowers the Scheduled Caste/Scheduled Tribes and the other economically backward communities. It is precisely for this reason that the Government agreed to remit the fee for the meritorious students who secured admission for the MBBS course. Such incentives on the part of the Government cannot be neutralized by taking a decision like the present one.