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KSHITIJ SHAILENDRA
Vaibhav Sharma – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Kshitij Shailendra, J.
Heard Shri Anurag Sharma, learned Advocate, holding brief of Shri Avanish Mishra, learned counsel for the petitioner, learned Standing Counsel appearing for State-respondent and Shri Nipun Singh, learned counsel appearing on behalf of respondents 2 and 3.
2. The petitioner took admission in the M.B.B.S. Course run by the respondent-college in the academic year 2002-03 and deposited the fees as per the structure laid down by the college. It appears that 64 students, identically placed as that of the petitioner, claimed refund of excess fees deposited by them in reference to the certain Government orders, etc. When the fees was not refunded by the college, the said 64 students filed Writ-C No. 12333 of 2004 (Abhishek Kadian and others v. State of U.P. and others). Learned Single Judge of this Court, by a very detailed judgment, allowed the writ petition alongwith connected matter with following directions:
The court established that delays in seeking relief under Article 226 do not bar claims when fundamental rights are violated, especially in cases involving mistakes or fraud.
Court found that a medical college's appeal against earlier fee fixation orders lacked transparency and procedural integrity due to undisclosed prior litigation, ultimately affirming the initially se....
The Court emphasized that minimal deficiencies should not negate renewals for educational institutions, ensuring student admissions are preserved in public interest.
Educational institutions must adhere strictly to fee structures mandated by governing bodies, and violations merit reimbursement and compensation.
The court reaffirmed that fee fixation determined by a committee must apply prospectively and cannot retroactively impose a refund on students admitted prior to the fee committee's ruling.
The imposition of excessive fees for medical college admission violates the equality principle under Article 14, compromising access to education for economically disadvantaged students.
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