Self-financing colleges not to take action for non-payment of fees by BPL MBBS students (for now): Kerala High Court

The Kerala High Court on Monday temporarily restrained self-financing medical colleges from taking action against any student under the Below Poverty Line (BPL) solely because they have not paid the college fees.[Nimal James & Ors v. State of Kerala & Ors].Justice Devan Ramachandran further clarified that the interim order, which would operate until the next hearing date on August 23, would be applicable not just for the petitioners, but for every student in the BPL category.“List on 23.08.2022; until which time, I make it clear that no student under the Below Poverty Line (BPL) category will be put to any detriment in any form, including expulsion etc, solely because they have not paid the fees to any of the Colleges to which they are allotted...I further make it clear that this direction is not confined to the petitioners alone, but to every student in the ‘BPL’ category,” the order stated..The Court was considering a petition filed by some first year MBBS students who had been allotted seats in various self-financing medical colleges in the State of Kerala, and belonged to the BPL category. It was stated that in the three academic years prior to 2020-21, there was a BPL scholarship scheme which covered 90% of the annual fees of such students by realising the amount from the fees paid by Non-Resident Indian (NRI) quota students.The students claimed that they had accepted the seats under the impression that they were entitled to a scholarship which now stood withdrawn, supposedly on the basis of some judgments of the Court..The petitioners, represented by Advocate Sethunath V, submitted that they are now being threatened with expulsion as they are not capable of paying the fees without the relief of the scholarship.He contended that the petitioners and other similarly placed students have been deprived of their right to live and study and also the the rights guaranteed under Article 21 of the Constitution of India..The State filed a counter affidavit contending that it could not take action to disburse any money to the BPL category until the Special Leave Petition (SLP) filed by it before the Supreme Court is disposed of. The SLP is an appeal against a judgment of the High Court which prohibited the State from collecting any more corpus funds from NRI students and directed it to promulgate suitable legislation for the same. .At the hearing on Monday, Government Pleader Sarojiri G sought more time to respond to the plea.Accordingly, the Court posted the matter for further consideration on August 23..[Read Order]