B. Subhashan Reddy, C.J.

The writ appeals are directed against the interim order passed by the learned Single Judge by which the fees directed to be paid by the self-financing colleges at the rate fixed by Justice K.T. Thomas Committee was not stayed but was directed to be paid subject to the result of the writ petition. As the matter is concerning the educational institutions and at the request of the learned counsel, the writ petitions were drawn to be heard along with the writ appeals. We proceed to consider the merits of the case in the writ petitions by which writ appeals also get disposed of.

2. Writ petitioners are the students of medicine having been admitted to the self-financing colleges for the academic year 2003-2004. They had, by now, completed their first year of study and entered second year.

3. These writ petitions were filed aggrieved by the demand of the respondents/private self-financing medical colleges to pay the amount of Rs.1,13,000/- as fixed by Justice K.T. Thomas Committee for the academic year 2004-05. Brief facts are stated leading to the constitution of the above committee. Private colleges emerged as Governments could not afford to establish as many colleges as there is demand. The seats in Government Colleges are limited. Since more than two decades, the legal fight is on between the Government, students and the private self-financing medial colleges and particularly imparting education in professional courses relating to the method and manner of admissions and also quantum of fee. The entire case law relating to the subject may not be necessarily to be stated here as the adjudication is confined only to the validity of the quantum of fees demanded by the respondents/private self-financing medical colleges. To give a quietus to the litigation, a 11 Judge Constitution Bench of the Supreme Court in T.M.A. Pai Foundation v. State of Karnataka (2002) 8 SCC 481 by judgment dated 31-10-2002 laid legal principles relating to the admissions and the fee structure by the Private self-financing professional colleges. As the litigation arose in implementing the above judgment, again a 5 Judge Bench was constituted. In Islamic Academy of Education and another v. State of Karnataka and others (2003) 6 SCC 697, the 5 Judge Constitution Bench by judgment dated 14-8-2003 directed the constitution of two committees headed by the retired High Court Judge. One committee is entrusted with the task of conducting the entrance examination if the private self-financing medial colleges choose so to conduct and another committee, a different one, is entrusted with the task of fixation of fees structure by the self-financing private colleges. In so far as the academic year 2003-04 is concerned, from the order of the Supreme Court, it is clear that as there was no sufficient time for constitution of the committees so ordered and the resultant exercise to be made, the implementation of the committee’s decision/actions were directed to be made from the academic year 2004-05. The Supreme Court also made it clear that the said arrangement was temporary pending a parliamentary enactment. Education was in List II of Schedule VII of Constitution, but, by virtue of 42nd constitutional amendment the same was lifted and placed in list III/concurrent list. Subject to Article 254 of the Constitution, both the Central and State Governments can enact laws in the said field of education.

4. For the year 2003-04 the respondents/private self-financing medical colleges had charged the fees at Rs.11,825/- per year for Government quota students which is based on merit secured in the common entrance examination. But coming to the year 2004-05, the demand is made to pay the fees as fixed by Mr. Justice K.T. Thomas Committee. Honourable Mr. Justice K.T. Thomas, a retired Judge of the Supreme Court was appointed pursuant to the above judgment in Islamic Academy of Education case (supra) by a Governmental order dated 11-11-2003, The above co