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2012 Supreme(Guj) 268

V.M.SAHAI, A.J.DESAI
CHARUTAR AROGYA MANDAL – Appellant
Versus
PARENTS ASSOCIATION FOR THE MEDICAL/DENTAL STUDENTS – Respondent


Advocates appeared:
1. Letters Patent Appeal No.482 of 2008
MR. D.C. DAVE, SENIOR COUNSEL ASSISTED BY MR. P.A. JADEJA for Appellants.
MR. A.J. YAGNIK for Respondent Nos.1 to 199. MR. SUNIT SHAH ASSISTED BY
MR. DIPEN DESAI for Fee Committee– respondent No.200.
MS. JIRGA JHAVERI, AGP for Respondent No.201.
MR. NIKHIL S. KARIEL for Respondent Nos.204 to 206.
MRS. VD NANAVATI for Respondent No.202.
2. Letters Patent Appeal No.895 of 2008
MR. A.J. YAGNIK for Appellant Nos.1 to 199.
MR. SUNIT SHAH ASSISTED BY MR. DIPEN DESAI for Fee Committee – respondent No.1.
MR. D.C. DAVE, SENIOR COUNSEL ASSISTED BY MR. P.A. JADEJA for Respondent Nos.2 and 3.
MS. JIRGA JHAVERI, AGP for Respondent No.4.
MRS. VD NANAVATI for Respondent No.5.

JUDGMENT

V. M. SAHAI

1. These two Intra-Court Letters Patent Appeals have been filed challenging the judgment dated 19-24.03.2008 passed by the learned Single Judge in Special Civil Application No.25954 of 2007 connected with other writ petitions by which the learned Single Judge directed the matter be sent back to the Fee Committee to reconsider its decision fixing the fee structure including the aspect of surplus of NRI fees and finalize the fee structure at the earliest in light of the impugned judgment. The learned Single Judge has further directed the students to pay the fees of Rs.1.80 Lacs for each academic year and they shall pay the difference amount, if required, after the decision of Fee Committee, if any excess amount has been deposited by the students, the same shall be refunded to them or adjusted in the next academic year if the students are to prosecute the study further for the remaining year.

2. Letters Patent Appeal No.895 of 2008 has been filed by the Parents Association for Medical/Dental Students, challenging the judgment dated 19/24.03.2008 passed by the learned Single Judge in Special Civil Application No.25954 of 2007 with Special Civil Application No.25955 of




































































































































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