State Of Kerala v. Mukhil Ram T. S. , S/o Adv. T. Thankachan
2025-10-07
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M.
body2025
DigiLaw.ai
JUDGMENT : Sushrut Arvind Dharmadhikari, J. The present intra-Court Appeals under Section 5 of the Kerala High Court Act 1958 assails the judgment dated 17.12.2021 passed in W.P.(C) No.27106/2021 and the order dated 28.09.2022 in Review Petition No.809/2022 in W.P.(C) No. 27106/2021 whereby the learned Single Judge allowed the writ petition filed by the respondent herein, and dismissed the Review Petition filed by the State. 2. Though both the Writ Appeals arise out of the same issue, in W.A. No. 1634/2022, the appellants have challenged the judgment dated 17.12.2021 passed in W.P.(C) No. 27106/2021, whereas in W.A. No. 11/2023, the appellants have challenged the order passed in R.P. No. 809/2022 in W.P.(C) No. 27106/2021. Facts 3. The brief facts of the case are that the respondent is a member of the Scheduled Caste Community. He had undergone Civil Pilot License Course and Training in the State of Kerala on a Single Engine Aircraft. Since there is no training facility on a Multi Engine non-jet aircraft in the State of Kerala, the respondent had to undergo the said training at Madhya Pradesh Flying Club Limited, Indore, which is duly approved by the Director General of Civil Aviation. He had to incur a total cost of Rs.5,45,250/- towards training fee. The respondent, thereafter, completed the training successfully. However, the appellants herein did not sanction the scholarship towards course fee to the respondent. 3.1 The respondent made an application under the RTI Act. Vide Ext.P9 it was informed that the Multi Engine Training course educational concession could not be granted for the reason “ ‘Multi Engine training’ is not a training course eligible for State Government educational benefits (G.O.(P) 50/2009/SCSTDD, dated 02.07.2009) or Central Government Scholarship as per Government of India guidelines”. 4. Aggrieved, the respondent approached this Court in W.P.(C) No.27106/2021. The learned Single Judge by judgment dated 17.12.2021 allowed the writ petition and passed the following: “10. Ext.P2 G.O provides that educational concession will be granted to students of a course which is not available in Kerala. The fact that there is no facility for Multi Engine Course and Simulator Training in Kerala, is not disputed. The respondents have given educational assistance to another candidate belonging to Scheduled Caste in the Bhuvaneshwar Government Aviation Training Institute. The petitioner underwent Civil Pilot License Course and Training from an Institute in Kerala. He has completed Single Engine Training from Kerala.
The respondents have given educational assistance to another candidate belonging to Scheduled Caste in the Bhuvaneshwar Government Aviation Training Institute. The petitioner underwent Civil Pilot License Course and Training from an Institute in Kerala. He has completed Single Engine Training from Kerala. It is only because the Multi Engine Course and Simulator Training, is not available in Kerala that the petitioner had to join the Madhya Pradesh Flying Club Limited. The Madhya Pradesh Flying Club Limited is an Institution recognised by the Director General of Civil Aviation. There is no material on record to conclude that scholarship/educational assistance is not payable if the course is in a recognised private institution. 11. In such circumstances, this Court find that there is no justification for denying educational assistance to the OF petitioner for the Multi Engine Training Course and Simulator Training. Therefore, the respondents are directed to sanction and disburse the scholarship/educational assistance to the petitioner for having undergone the Multi Engine Training Course and Simulator Training in Madhya Pradesh Flying Club Limited, within a period of two months.” Appellants’ submission 5. The learned Special Government Pleader for the appellants contended that a bare perusal of Ext.P2, which is a comprehensive guideline dated 02.07.2009 for the grant of educational allowances to SC/ST/OEC students of Kerala, shows that benefits of educational allowances can be granted for education outside Kerala. As per Clause B (iii), students admitted to various courses through entrance examinations conducted by private universities, private deemed universities, and autonomous institutions will not be eligible for any kind of assistance. In view of the aforesaid provision, the learned Single Judge erred in extending the benefits to the respondent. Even Clause-2 of the General Conditions proves that “No assistance shall be given to the students admitted under management/privilege/NRI quota in self-financing institutions”. In view of the aforementioned, the judgment of the learned Single Judge deserves to be set aside, the writ petition deserves to be dismissed, and the Writ Appeals may be allowed. Respondent’s submission 6. On the other hand, the learned Counsel for the respondent opposed the contentions raised by the learned Government Pleader and contended that the learned Single Judge was right in concluding that there is no material on record to show that scholarship or educational assistance is not payable if the course is conducted in a recognized private institution.
Respondent’s submission 6. On the other hand, the learned Counsel for the respondent opposed the contentions raised by the learned Government Pleader and contended that the learned Single Judge was right in concluding that there is no material on record to show that scholarship or educational assistance is not payable if the course is conducted in a recognized private institution. Accordingly, the Single Judge directed the appellants to sanction and disburse scholarship/educational assistance to the respondent for having undergone the Multi Engine Training Course and Simulator Training at Madhya Pradesh Flying Club Limited, Indore, within a period of two months. No fault can be found with the impugned judgment or order, which warrants any interference. The Writ Appeals deserve to be dismissed. Discussion and Analysis 7. Heard Mr Robin Raj M.K. learned Special Government Pleader for the appellants, and Mr P.C. Sasidharan learned Counsel for the respondent. 8. Ext.P2 is a comprehensive guideline for grant of educational allowances to SC/ST/OEC students. Category-I is in respect of ‘Education within the State of Kerala’, whereas Category-II is in respect of ‘Education outside Kerala’. For better understanding of the case, Clause-B Professional Courses of Category-II, is reproduced below: “B. PROFESSIONAL COURSES (1) Educational assistance will be granted to SC/ST/OEC students who are admitted through common entrance examinations conducted by Central Government or Central Universities or Boards or through the entrance examinations like CAT, MAT, JEE, J , , . (ii) Educational assistance including fee as fixed by the institutions may ??? ??? ???? be sanctioned to SC/ST/OEC students who are admitted in the merit seats and reservations seats in the government colleges affiliated to central universities and deemed universities which are controlled by Central Government. (iii) Students admitted to various courses through the entrance examinations conducted by Private Universities and Private Deemed Universities and autonomous institutions will not be eligible for any kind of assistance. (iv) Educational concession will not be granted to permanent residents of Kerala who undergo professional courses in other States, which are available in Kerala. GENERAL CONDITIONS 1. 75% attendance in the year/semester/term shall be ensured before sanctioning educational concession for the ensuring periods. 2. No assistance shall be given to the students admitted under management/privilege/NRI quota in self-financing institutions. 3. All assistances except lump sum grant can be sanctioned to the students for three more chances to repeat M.B.B.S/B.V.SC engineering/BAMS courses of Government/Aided colleges on failure.
75% attendance in the year/semester/term shall be ensured before sanctioning educational concession for the ensuring periods. 2. No assistance shall be given to the students admitted under management/privilege/NRI quota in self-financing institutions. 3. All assistances except lump sum grant can be sanctioned to the students for three more chances to repeat M.B.B.S/B.V.SC engineering/BAMS courses of Government/Aided colleges on failure. For general course, only exam fee will be sanctioned for three chances. For the MBBS courses in self-financing institutions, 50% fee concession and other allowances except lump sum grant will be granted. 4. Fee for the courses shall be at the rates fixed by Higher Education Department, Health and Family Welfare Department, General Educational Department and Tourism Department for various courses. Fee for the other courses shall be in accordance with the orders issued from SCST Development Department. 5. SC/ST/OEC Students admitted in sports quota and defense quota will be given all eligible assistance. 6. Clarification in this Government order shall be issued from Govenment as and when it is found necessary. Officers issuing clarifications at lower level will be levied for the losses, if any. 7. Project allowances and internships will be sanctioned to professional courses, 8. Government shall dispose all the applications and appeals thereon pending for educational allowances submitted by students pursuing studies outside Kerala.” 9. On a perusal of Category-II B(i), it is observed that educational assistance shall be granted to students who are admitted through common entrance examinations conducted by the Central Government, Central Universities, Boards, or other recognized entrance examinations. So far as Clause B(ii) is concerned, students who have been admitted on merit or through reservation seats in government colleges would be eligible. Clause B(iii) would also not be applicable, as the respondent did not participate in any common entrance examination. He was granted admission to the flying club based on his qualifications and the admission requirements. The Madhya Pradesh Flying Club Limited is neither a private university, a deemed-to-be private university, nor an autonomous institution. Accordingly, none of the clauses under Category-II B (Professional Courses) would be applicable. Moreover, the annexure to the Government Order dated 02.07.2009 — List of Professional and Job-Oriented Courses, Sl. No. 35, includes Pilot and Air Hostess Training. This implies that the amount incurred for such training is reimbursable to a student who secures admission outside the State of Kerala. 10.
Moreover, the annexure to the Government Order dated 02.07.2009 — List of Professional and Job-Oriented Courses, Sl. No. 35, includes Pilot and Air Hostess Training. This implies that the amount incurred for such training is reimbursable to a student who secures admission outside the State of Kerala. 10. The entire Government Order dated 02.07.2009 does not, anywhere, provide that a student would be ineligible for reimbursement if admitted to a private flying club. Admittedly, the Madhya Pradesh Flying Club is duly recognized by the Director General of Civil Aviation. In view of the foregoing, the contention of the learned Government Pleader for the appellants cannot be accepted. The learned Single Judge has not committed any error warranting interference with the impugned order. Result Accordingly, the judgment dated 17.12.2021 passed in W.P.(C) No.27106/2021 as well as the order dated 28.09.2022 in Review Petition No.809/2022 in W.P.(C) No. 27106/2021 are upheld. The Writ Appeals stand dismissed. No order as to costs. However, the appellants herein shall comply with the order passed by the learned Single Judge as expeditiously as possible, preferably within two months from the date of receipt of a certified copy of the judgment. All Interlocutory Applications as regards interim matters stand closed.