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2024 Supreme(SC) 800

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Sahil Bhargava – Appellant
Versus
State of Uttarakhand – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Gaurav Agrawal, Sr. Adv. Ms. Tanvi Dubey, Adv. Mr. Raghav Sabharwal, AOR Mr. Mekala Ganesh Kumar Reddy, Adv. Mr. Aditya Nema, Adv.
For the Respondent(s): Mr. Gopal Sankaranarayanan, Sr. Adv. Mr. Sagar Gaur, Adv. Mr. Ankit Shah, Adv. Mr. Dilip Annasaheb Taur, AOR

ORDER :

1. The dispute in the present case relates to the fixation of the fee for the undergraduate medical degree course offered by a college in the State of Uttarakhand. The petitioners are students who were granted admission in 2018 to the undergraduate medical degree course administered by the third respondent-Shri Guru Ram Rai Institute of Medical and Health Sciences College. The students completed the course in 2023. The second respondent is the Shri Guru Ram Rai University, a university governed by an Act of the state legislature1 [Shri Guru Ram Rai University Act 2016, Uttarakhand Act No. 03 of 2017] of which the third respondent is a constituent college.

2. The state legislature enacted the Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act in 2006. The Act applies to “unaided private professional educational institutions in the state which are affiliated to state-funded universities, councils, boards or other bodies established under law, excluding minority institutions.”2 [S.2, Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission & Fixation of Fee) Act] The Act establishe

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