JUDGMENT :

(Prayer in W.P.No.964 of 2021: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent in G.O.Ms.No.51 Chief Secretariat (Health) dated 22.12.2020, quash the same and consequently direct the 2nd respondent to issue orders fixing the Free Structure to be paid by students admitted into the MBBS course in the Petitioner Institution for the Academic year 2020-21.

W.P.No.966 of 2021: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent in G.O.Ms.No.51 Chief Secretariat (Health) dated 22.12.2020, quash the same and consequently direct the 2nd respondent to issue orders fixing the Free Structure to be paid by students admitted into the B.Pharm course in the Petitioner Institution for the Academic year 2020-21.

W.P.No.969 of 2021: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent in G.O.Ms.No.51 Chief Secretariat (Health) dated 22.12.2020, quash the same and consequently direct the 2nd respondent to issue orders fixing the Free Structure to be paid by students admitted into the BDS course in the Petitioner Institution for the Academic year 2020-21.

W.P.No.1813 of 2021: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent in G.O.Ms.No.51 Chief Secretariat (Health) dated 22.12.2020, quash the same and consequently direct the 2nd respondent to issue orders fixing the Free Structure to be paid by students admitted into the MBBS course in the Petitioner Institution for the Academic year 2020-21.)

1. The issue involved in all these writ petitions are common and hence they are taken up together, heard and disposed of through this common order.

2. The subject matter of challenge in all these Writ Petitions pertains to the Government Order issued by the 1st respondent in G.O.Ms.No.51, dt.22.12.2020 and for a consequential direction to the 2nd respondent to issue fresh orders fixing the Fee Structure to be paid by the students admitted in the MBBS Course for the academic year 2020-2021.

3. The Petitioner Institution offers education in the field of medicine at both the under graduation and post graduation level in various specialties. The 2nd respondent is the Fee Committee that was established by the 1st respondent under the provisions of the Pondicherry Private Professional Educational Institutions (Provisions of Reservation, Admission of Students and Fixation of Fees) Regulations, 2006. These regulations were framed pursuant to the judgment of the Hon’ble Supreme Court in Islamic Academy case.

4. In an earlier round of litigation, the matter reached the Division Bench of this Court in W.P.Nos.23732 of 2017 etc., batch and the said batch of writ petitions were disposed of by an order dt.18.07.2019 and it was held that the Institutions cannot resort to discrimination in the fees to be charged between the students admitted against the State Quota and Management Quota.

5. The 2nd respondent Fee Committee had fixed the fees for the academic years 2017-2018, 2018-2019 and 2019-2020. For the academic year 2020-2021, a fresh Fee Structure had to be fixed for those students who are admitted during this academic year. Accordingly, the 1st respondent issued a circular dt.17.07.2020, calling upon the Educational Institutions to submit their proposal for fixation of the Fee Structure. This Fixation of Fees will be for a period of three years starting from the academic year 2020-2021 up to 2022-2023.

6. The Petitioner Institution also submitted their representation along with all the supporting documents and sought for fixation of fee for both Management and Government Quota seats. Thereafter, there was no development