JUDGMENT :

Anil Kshetarpal, J.

FACTUAL BACKGROUND

1.1 With the consent of the learned counsel representing the parties, CWP-3039 of 2021, 2946 and 19833 of 2024, shall stand disposed of by this common order.

1.2. The limited issue which arises for consideration before this court is:-

"Whether the Government is justified in directing an unaided private institute to charge fee from subsequent date contrary to the recommendation of Fee Fixation Committee which has been approved by the Government?"

1.3. In order to comprehend the issue involved in the present case, the relevant facts in brief are required to be noticed.

1.4. International Institute of Veterinary Education and Research (hereinafter for short 'IIVER') was established on 04.04.2011. For the first time, the Fee Structure was approved by the Government on 19.08.2015, with respect to 2014-2015 batch which authorizing the college to increase the fee @ 10% per annum every year for fresh batches. The relevant part of the decision is extracted as under:-

The petitioner college is further allowed 10% increase per annum in the above prescribed fee structure to be applicable every year for fresh batches."

1.5. However, the government permitted the petitioner-College on 07.09.2017, to charge @ Rs.1,92,500/- for State quota seats and Rs.3,85,000/- for Management quota seats against which Civil Writ Petition No.22148 of 2017, is pending for 03.02.2025. On 11.02.2019, the petitioner submitted another representation to the Government for fixation of fee which led to nomination of Fee Fixation Committee (FFC for short) on 22.03.2019, to review the fee structure of Bachelor of Veterinary Science and Animal Husbandry Degree Programme. With respect to batch 20192020, the FFC on 29.07.2019 recommended charging of Rs.3,49,090/- for State Quota seats and Rs.5,75,000/- for Management Quota seats. However, the Government did not accept the recommendations and proceeded on 22.10.2019, to fix Rs.2,15,040/- for State Quota seats and Rs.4,31,200/- for Management Quota seats which was set aside in CWP No.16990 of 2020, on 04.11.2020, in the following manner:-

"Therefore, we put it to the learned counsel that if at least a fresh order could be passed by the Additional Chief Secretary, after hearing the petitioner (if he so desires) after associating the respondent No.2 which is affiliating this University, learned counsel for the respondents have very fairly agreed that in the circumstances of the case, this would be an equitable solution.

Resultantly, the order (Annexure P-15) is set aside and the Additional Chief Secretary, Government of Haryana, Department of Animal Husbandry and Dairying is directed to pass a fresh order after hearing the petitioner within a period of two weeks. It has further been agreed that Mr. Ankur Mittal, Addl. A.G. Haryana, will fix the appointment of the petitioner with Additional Chief Secretary, Government of Haryana, Department of Animal Husbandry and Dairying, Sector-17, Chandigarh, in consultation with their clients"

1.6. This time, the State Government on 16.12.2020, after hearing the concerned parties, accepted the recommendations of the FFC and permitted the petitioner-Institute to charge tuition fee for batch of 2019-2020 and onwards. Pursuant thereto, the petitioner demanded the revised fees from students of 2019-2020 batch, however, the State Government on 19.01.2021, on the representation of the students once again intervened and directed that the fee structure approved vide the earlier order issued on 16.12.2020, was for academic session/batch 2020-2021 onwards and the petitioner shall not charge the fee from the students of 2019-2020 batch which were admitted for five and half years.

1.7. On 08.01.2024, the petitioner's counsel stated that for the batch of 2019-2020, the Institute does not claim arrears for