Bhojia Dental College, Chandigarhnahagarh vs State of Himachal Pradesh, Through Principal Secretary (HEALTH)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(HP) 641

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN, SATYEN VAIDYA, JJ.
Bhojia Dental College, Chandigarhnahagarh – Appellant
Versus
State of Himachal Pradesh, Through Principal Secretary (HEALTH), - Respondent
EXECUTION PETITION NO. 147 OF 2016 with CIVIL WRIT PETITION NO. 879, 3145 OF 2016
Decided on : 09-11-2021

Advocates:
Advocate Appeared:
For the Appellant :SH. RAJNISH MANIKTALA, SR. ADVOCATE WITH MR. NARESH VERMA, ADVOCATE
For the Respondent:SH. AJAY VAIDYA, SR. ADDL. A.G. SH. SANJEEV BHUSHAN, SR. ADVOCATE WITH SH. RAJESH KUMAR, ADVOCATE SH. RAVINDER SINGH JASWAL SH. C.N. SINGH, ADVOCATE

Headnote:
Regulation of Admission and Fixation of Fee for Academic Year 2003-04 Act, 2006 - Section 3 and 7(2) - Writ of certiorari – Mandamus - Tuition fee - By way of instant petitions, petitioners have prayed for substantive reliefs respectively, that tuition fee for free/merit seats as notified by respondent state in notification for session for free/merit seats may kindly be held applicable, that notification Annexure P2 which has been issued in violation of Apex Courts judgment and direction of this Court may be kindly be quashed and set aside and declared null and void, that notice reference Annexure P1 issued in violation Apex Court Judgment and directions of this Court may also be quashed and set aside in view of submissions - Issue a writ of certiorari, mandamus as this Hon’ble Court deems fit quashing he very constitution of respondent “Fee Committee” by respondents being in defiance, non-compliance to the judgment passed by Hon’ble Court in CWP (Bhojia Dental College Vs State of H.P. and others) and CWP No. 384 of 2008 ) Bhojia Charitable Trust and another Vs State of H.P. and others) for all intents and purposes - Whether the same are in conformity with directions issued by this court? – Held, Writ Court has pronounced a positive mandate in favour of execution petitioner and same cannot remain a mere paper decree - All the objectors were parties to judgment in execution and said mandate is binding on them without any shadow of doubt, judgment having attained finality and Review Committee having upheld claim of execution petitioners - To direct execution petitioners at this stage to institute independent claims against individual private respondents in execution petitions will be nothing but travesty of justice - Objectors in Execution Petition have also raised an objection that execution petition is not maintainable in view of Notification whereby Rule 16, under Part C, “Civil Writ” of the Rules known as “High Court of Himachal Pradesh (Original Side) Rules 1997 has been deleted - Objection is wholly misconceived and untenable in view of High Court of Himachal Pradesh (Original Side) (9th Amendment), Rules notified vide notification - In view of above, court do not find any merit in writ petitions and also objections raised in execution petitions and the same are dismissed - Private respondents in both execution petitions are directed to pay due and admissible amount of arrears of fee to execution petitioners within a period of three months from today, failing which execution petitioners shall be at liberty to take steps to execute order in accordance with law especially Part C, Rule 16, Writ Jurisdiction (High Court of Himachal Pradesh) Rules, 1997 - All miscellaneous pending applications are accordingly disposed of.

ORDER :

SATYEN VAIDYA, J.

1. CWP No. 879 of 2016 and CWP No.3145 of 2016 along with Execution Petition 147 of 2016 in CWP No. 1235 of 2007 and Execution Petition No. 157 of 2016 in CWP No. 384 of 2008 have been heard together and are being decided by a common judgment on account of involvement of common questions of facts and law.

2. By way of instant petitions, petitioners have prayed for following substantive reliefs respectively:

CWP No. 879 of 2016

(i) That the tuition fee for free/merit seats as notified by the respondent state in notification dated 15.9.2003 for the session 2003-04 for free/merit seats (i.e Rs. 20,000/-per seat per annum) may kindly be held applicable.

(ii) That the notification No. HFWB(E)38/2014 dated 7.11.2015 i.e. Annexure P2 which has been issued in violation of Apex Courts judgment and the direction of this Court may be kindly be quashed and set aside and declared null and void.

(iii) That notice reference No. BDC/BHUD/CWP1235FR/SF167-16089 dated 23.11.2015 i.e Annexure P1 issued in violation the Apex Court Judgment and the directions of this Court may also be quashed and set aside in view of the above submissions.

CWP No.3145 of 2016

a. Issue a writ of certiorari, mandamus or appropriate writ order or direction as this Hon’ble Court deems fit quashing notification dated 17.11.2015 (Annexure P6) passed by respondent No.1.

b. Issue a writ of certiorari, mandamus or appropriate writ order or direction as this Hon’ble Court deems fit quashing the decision dated 17.7.2015 (Annexure P5) passed by respondent No.4/ fee committee held on 17.7.2015 for all intents and purposes.

c. Issue a writ of certiorari, mandamus as this Hon’ble Court deems fit quashing he very constitution of respondent No.2 “Fee Committee” by respondents being in defiance, non-compliance to the judgment dated 17.9.2013 passed by the Hon’ble Court in CWP No. 1235 of 2007 (Bhojia Dental College Vs State of H.P. and others) and CWP No. 384 of 2008 ) Bhojia Charitable Trust and another Vs State of H.P. and others) for all intents and purposes.

d. Issue a writ of certiorari, mandamus as this Hon’ble Court deems fit upholding the tuition fee as prescribed vide notification No. HFWB(F)510/94 loose dated 15.9.2003, for the academic session of 2003-04 in respect of BDS course of Private Dental Colleges of Himachal Pradesh, may be upheld.

Execution Petition No. 147 of 2016 in CWP No. 1235 of 2007

(A) That the respondents 3 to 26 may be directed to pay the amount of balance fee as per details given in the body of petition.

(B) That the necessary certificate for the amount to be recovered from each respondent student as per details given in the body of the petition may be ordered to be given in favour of the petitioner.

Execution Petition No. 157 of 2016 in CWP No. 384 of 2008

(A) That the respondents 3 to 55 may be directed to pay the amount of balance fee as per details given in the body of petition.

(B) That the necessary certificate for the amount to be recovered from each respondent student as per details given in the body of the petition may be ordered to be given in favour of the petitioner.

3. Petitioner in CWP 879 of 2016 is father of Ms. Anuradha, who along with petitioners in CWP No. 3145 of 2016 were students of BDS course, commencing from 2003-04, in Bhojia Dental College and Hospital, Bhud, Nalagarh, Distt. Solan (HP) (for short, “Bhojia Dental College”).

4. Government of Himachal Pradesh, after decision of Supreme Court in Islamic Academy of Education versus State of Karnataka, issued notification dated 15.9.2003, whereby the fee structure of Private Dental Colleges for academic session 2003-04 was determined. A sum of Rs. 20,000/-per student per annum was determined for 50% seats of Govt. sponsored students and Rs. 2.5 Lakhs per student per annum was fixed for 50% seats of management quota. These amounts, however, were inclusive of all charges except refundable security.

5. Vide notification dated 13.2.2004 Government of Himachal Pradesh constituted

Click Here to Read the rest of this document