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2021 Supreme(P&H) 1468

JASWANT SINGH, GIRISH AGNIHOTRI
Naitik – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Anupam Gupta, Senior Advocate, S/Sh. Akshay Jain & Sunil Kumar Bhardwaj, Advocates, for the Appellant.

ORDER

1. The forty-seven (47) petitioners are students, who have taken admission in respondent Nos. 5 to 7 private medical institutions affiliated with respondent No. 4-University, in the MBBS course from the session 2020-21. The challenge in the present petition is, inter alia, to Section 7 of Haryana Private Health Sciences Educational Institutions (Regulation of Admission, Fixation of Fee and Maintenance of Educational Standards) Act, 2012 (in short "the 2012 Act"), which permits the State Government to constitute a Fee and Admission Committee consisting of such members as may be notified by the State Government, on the ground that the same is ultra vires Article 14 and Article 19 (1) (g) of the Constitution of India. Further challenge is to the order dated 29.7.2015 (Annexure P-16/A), whereby the State of Haryana, while exercising powers under Section 7 of the 2012 Act, have constituted Fee Fixation Committee which consists only of the Government Officials as members. Since the petitioners have assailed the very constitution of the fee fixation committee, consequently, the fee determined vide notification dated 30.10.2017. The petitioners have even further assailed the Notificat

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