JUDGMENT

KULDIP SINGH, J.:- The Karnataka State Legislature, with the object of eliminating the practice of collecting capitation fee for admitting students into educational institutions, enacted the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (the Act). The Act which replaces the Karnataka Ordinance No. 14 of 1983 came into force with effect from July 11, 1983. Purporting to regulate the tuition fee to be charged by the Private Medical Colleges in the State, the Karnataka Government issued a notification dated June 5, 1989 under S. 5(1) of the Act thereby fixing the tuition fee, other fees and deposits to be charged from the students by the Private Medical Colleges in the State. Under the notification the candidates admitted against "Government seats" are to pay Rs, 2,000/- per year as tuition fee. The Karnataka students (other than those admitted against "Government seats") are to be charged tuition fee not exceeding Rs. 25,000 per annum. The third category is of "Indian students from outside Karnataka", from whom tuition fee not exceeding Rs. 60,000/ -per annum is permitted to be charged.

2. Miss Mohini Jain a resident of Meerut was informed by the