Point of Law: Once the fee is determined under Section 10(3) of the Act of 2007, the same is to remain intact for the period of three years and the students who have taken admission on the basis of such fees determined by the Respondent cannot be asked to pay fees on the basis of revision which may be done by the Respondent during the period of three years within the completion of the professional courses in a college or institution.

JUDGMENT :

1. Heard, learned Senior Advocate Mr. Dhaval Dave assisted by learned Advocate Mr. Udit N. Vyas for the petitioners and learned Senior Advocate Ms. Manisha L. Shah assisted by the learned Advocate Mr. Harshil C. Dattani for the Respondent.

2. Rule. Learned AGP Mr. Dattani waives service of rule for the Respondent.

3. Having regard to the controversy arising in this matter in a narrow compass, with the consent of the learned Advocates for the parties, the same m is taken for final hearing and disposal today.

4. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for the following reliefs:

“20. …

(a) That this Hon’ble Court may be pleased to issue a writ of certiorari and/or any other writ, order or direction and thereby quash and set aside the impugned order dated March 15, 2021 passed by the Fee Regulatory Committee (Medical), the Respondent herein;

(b) That pending admission, hearing and final disposal of the petition, this Hon’ble Court may be pleased to stay the effect, operation and implementation of the impugned order dated March 15, 2021 passed by the Fee Regulatory Committee (Medical), the Respondent herein;

(c) ...”

5. The brief facts of the case are that Petitioner No.1- is a non-affiliated private university, established under the Gujarat Private Universities Act, 2009 (in brief, the ‘Act of 2009’) with effect from 25th September, 2019.

5.1 Petitioner No.2 is the college established in the year 1987 by the Charutar Arogya Mandal for imparting education in the discipline of medicine with the prior approval of the competent authority, having intake capacity of 150 students at the level of post graduation level and intake capacity of 96 students in the post graduation diploma various broad specialties.

5.2 The Respondent “Fee Regulatory Committee Medical” is a body constituted under Section 9(1) of the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 (in brief, the ‘Act of 2007).

5.3 For the Academic Years 2018-2019, 2019-2020 and 2020-2021, the Respondent determined the prescribed fee structure for the purpose of post graduate courses offered by Petitioner No.2- College by order dated 16th July, 2018 under the provisions of the Act of 2007.

5.4 It is the case of the petitioner that a communication was received from the Respondent, calling upon the petitioner to appear before the Respondent on 14th September, 2020 to explain the charging of higher fees than what is determined vide order dated 16th July, 2018.

5.4.1 Accordingly, the Petitioner No.2 submitted its reply along with the details of fees published by the Admission Committee for the Academic Years 2018-2019 and 2019-2020 on 25th September, 2020.

5.5 Thereafter, on 15th October, 2020, the Respondent directed Petitioner No.2-College to furnish the break-up of the costs of imparting education into fixed cost and variable cost for the Academic Years 2018-2019 and 2019-2020 on projected figures submitted at the time of fixation of fees and actual cost incurred during the concerned academic years.

5.6 The petitioners submitted details of break-up of the costs on 4th November, 2020, and after considering such details, the Respondent passed the impugned order dated 15th March, 2021, whereby, the Petitioners are directed to refund the excess fees charged from the students for the Academic Years 2018-2019 and 2019-2020 by reducing the differential fees charged and collected from various students during the Academic Years 2018-2019 and 2019-2020.

5.6.1 At this juncture, it would be necessary to refer to the order dated 16th July, 2018, whereby, the Respondent has determined the Fee Structure of Petitioner No.2-College, which is as under;