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ALOK MATHUR
U. P. Unaided Medical And Allied Sciences College Welfare Association – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Alok Mathur, J.
Heard Sri Jaideep Narain Mathur, learned Senior Advocate assisted by Sri Amit Jaiswal, Sri S.K. Chaudhary, Sri Mudit Agarwal, Ms. Aishvarya Mathur and Sri Aditya Singh, learned counsel for the petitioners as well as Sri Rahul Shukla, learned Additional Chief Standing Counsel for the respondents.
2. The petitioners are unaided private Medical Colleges who are aggrieved by the inaction of the State Government as well of the Fee Regulatory Committee as constituted under the Uttar Pradesh Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 (hereinafter referred to as ''the Act of 2006'') in enhancing the fee to be charged from the students for various medical courses run by the petitioner Institutions for the academic session 2024-25.
3. It has been submitted by Sri Jaideep Narain Mathur, Senior Advocate, appearing on behalf of the petitioner Institutions that with the object that the students should receive education of the highest grade in the field of medicine, the petitioner Medical Colleges have been established with the permission of the National Medical Commission. The Medical Colleges provide comprehensive
The determination of fees for private medical colleges must be conducted by the Fee Regulatory Committee as per the Act of 2006, and the State Government cannot unilaterally extend previous fee struc....
Regulation of fee is within domain of Committee for fixation of fee which shall ensure that fee is non-exploitative and reasonable. Right conferred on institutions to fix fee for professional courses....
Once the fee is determined under Section 10(3) of the Act of 2007, the same is to remain intact for the period of three years and the students who have taken admission on the basis of such fees deter....
Point of law: The right to establish an educational institution can be regulated; but such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere ....
Private educational institutions can set their own fee structures, provided they do not engage in profiteering or capitation fees, adhering to principles established in precedential Supreme Court cas....
Fee structure determined by the ‘Fee Fixation Committee’ constituted by the respondent University in supersession of fee structure already proposed by the ‘Fee Regulatory Committee’ constituted by th....
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