Judgment :-

R.V. RAVEENDRAN J.

Leave granted in SLP(C) No.13448/2007.

Issue involved in the writ petitions.

2. The petitioners in these writ petitions are all private unaided professional colleges in Madhya Pradesh. Though various questions were raised in these writ petitions, during arguments, parties agreed that the only issue that now survives for consideration in these writ petitions is the question of fee structure in regard to medical, dental and other health related professional institutions in Madhya Pradesh for the years 2003-04 and 2004-05.

3. The other issues that were raised in the writ petitions related to (i) right of Association of private unaided colleges to have a separate common entrance test for admissions; (ii) validity of the order of the State Government fixing the management quota as 50%; (iii) validity of the order of the State Government directing the unaided colleges to admit students according to the merit on the common entrance test conducted by the State Government; (iv) validity of the Rules regarding the conduct of common entrance test and validity of the guidelines by the Admission Committee regarding admissions. Prayers relating to these issues have now become infructuous and redundant on account of either passage of time, or account of other laws being made replacing the rules/guidelines challenged or on account of the clarification of various issues of this Court in PA Inamdar vs. State of Maharashtra - 2005 (6) SCC 537.

Facts and issues in the Civil Appeals

4. One Nidhi Bhargava approached the Madhya Pradesh High Court inter alia contending that she had been allotted a merit seat by the State Government and the college to which she was allotted, namely RD Gardi Medical College, Ujjain was asking for a caution money in addition to the fee prescribed which was impermissible. In the said petition, the High Court made an order dated 15.9.2003, directing R D Gardi Medical College to give admission to the petitioner therein by applying the state fee structure. On an application for clarification of the order dated 15.9.2003 made in the said writ petition, the High Court issued an interim order dated 26.9.2003 directing that no institution shall charge more fees than what was stipulated by the state government subject to revision by the state government for the academic year 2003-04 and that no institution shall charge any capitation fee. In the said proceedings, the High Court made a further interim order dated 29.9.2003, the operative portion of which is extracted below:

"6. After a long debate a broad consensus was arrived at before us, to pass directions as interim measures pending final disposal of the present applications. We proceed to enumerate them as under: This direction is applicable to the four private management institutions mentioned in the paragraph.

(a) 12 seats which are available in the R.D. Gardi Medical College, Ujjain shall be filled up from the Government quota on the basis of the fee structure prescribed by the State Government. The management would be at liberty to collect the caution money of Rs.60,000/- as 38 students have already paid the same.

However, if the students do not come forward to take admission tomorrow, i.e. on 30.9.2003 the seats shall be filled up by the management quota only after obtaining the leave of the court.

(b) The students who have already taken the admission and who are going to take admission would give necessary undertaking in all cases that if eventually the fee structure is enhanced they would abide by the same and made good the same.

(c) As the State Government has fixed the fee at Rs.38,500/-the State shall issue letters to the institutions as the counter guarantee to make good the amount to the institutions in case the students who have taken the admission do not pay the enhanced fee.

(d) The management through its counsel undertaken that if after due inspection the fee structure is submit it shall return the amount to the students conce