Hon’ble Ashok Bhushan, J.—These two appeals have been filed by Subharati K.K.B. Charitable Trust and Subharati Medical College through its Principal challenging a common judgment of the learned Single Judge dated 14th August, 2007 deciding Writ Petition No. 12333 of 2004 (Abhishek Kodian v. State of U.P. and others) and Writ Petition No. 68368 of 2006 (Arshad Jamal and others v. State of U.P. and others).

Both the appeals have been heard together and are being disposed of by this common judgment.

2. In Special Appeal No. 995 (defective) of 2007 there is a delay of 43 days in filing the appeal. In the affidavit filed in support of the delay condonation application sufficient cause has been shown for condoning the delay. The delay of 43 days in filing the Special Appeal No. 995 (defective) of 2007 is condoned. The application for condonation of delay is allowed.

3. We have heard Sri S.P. Gupta, Senior Advocate, assisted by Sri Anurag Khanna, for the appellants, Sri S.N. Shukla, Advocate for the private respondents and Sri V.K. Singh, Additional Advocate General assisted by Sri V.K. Chandel for the State-respondents.

4. Facts giving rise to these two appeals, briefly noted, are; Writ Petition No. 12333 of 2004 was filed by Abhishek Kodian and 63 other students of Subharati Medical College, Meerut, who were admitted in M.B.B.S. course through Combined Pre Medical Test-2002. The Combined Pre Medical Test-2002 was held on 30th June, 2002 for admission in Government Medical Colleges as well as three private Medical Colleges of the State of Uttar Pradesh including Subharati Medical College, Meerut. The information brochure of 2002 in Paragraph ‘’Cha’ gave details of fee in private dental/medical colleges for M.B.B.S. course as Rs. 1,10,000/- for payment seat and as Rs. 13,000/- for free/merit seat. The State Government had issued a Government order dated 8th January, 2003 fixing Rs. 1,26,500/- for payment seat and Rs. 14,950/- for free/merit seat. On the basis of the test held on 30th June, 2002 the counselling took place on 15th April, 2003. The writ petitioners were allocated Subharati Medical College where they were admitted on 25th April, 2003 in the M.B.B.S. course 2002-03. The college got deposited fee of Rs. 1,75,000/- from the students who were admitted under free/merit seat and Rs. 3,05,000/- from the students who were admitted against the payment seat. The aforesaid fee was in addition to hostel fee, security and other expenses. On 15th July, 2003 the State Government issued a Government order providing that in private medical colleges the scheme of admission in free and payment seat is discontinued with effect from academic year 2003-04 and for academic year 2003-04 for M.B.B.S. course Rs. 1,55,000/- per annum is fixed for admission. It was further provided by the Government order that for those students who were admitted prior to academic year 2003-04, the old scheme for free/merit seat and payment seat shall continue. The State Government issued another Government order dated 14th August, 2003 directing the Director General, Medical Education and Health to publish the information for fee fixed by the State Government as Rs. 1,55,000/- for M.B.B.S. course and Rs. 1,10,000/- for B.D.S. course with instruction to the Medical Colleges/Dental Colleges not to charge higher than aforementioned fees. Abhishek Kodian alongwith 63 students of M.B.B.S. course 2002-03 filed Writ Petition No. 12333 of 2004 praying for a writ of mandamus directing the Subharati Medical College and Subharati K.K.B. Charitable Trust (the appellants herein) not to charge fee over and above mentioned in the information brochure. The writ petitioners stated that they are liable to pay the fee as per information brochure/as mentioned in the Government orders dated 8th January, 2003 and 14th August, 2003. This Court passed an interim order providing that in the meantime the fee in question, which is being realised, shall be treated as provisional and the