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IN THE HIGH COURT OF ALLAHABAD
Saral Srivastava, J.
Aaghaz Khan And Others - Petitioner
Versus
State Of Uttar Pradesh And Others – Respondents
WRIT - C No. - 888 of 2025
Decided On : 24-01-2025
| Table of Content |
|---|
| 1. introduction of the case and facts surrounding fee fixation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. details of earlier writ petition challenging fee fixation. (Para 10 , 11 , 12) |
| 3. arguments regarding maintainability and concealment by the college. (Para 18 , 19 , 20 , 21 , 22) |
| 4. arguments from the respondents about the fee fixation process. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 5. discussion about the student's undertakings and their implications. (Para 29 , 30 , 31 , 32 , 33) |
| 6. court observations leading to a ruling on fee fixation. (Para 34 , 35 , 36 , 37) |
| 7. review of dismissals and statutory appeal processes. (Para 38 , 39 , 40) |
| 8. concluding arguments on appeal grounds. (Para 41 , 42 , 43 , 44) |
| 9. concealment of facts by college in multiple appeals. (Para 45 , 46 , 47) |
| 10. final judgment and orders granted by the court. (Para 80) |
JUDGMENT :
Saral Srivastava, J.
1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, learned counsel for the petitioners and Sri Shashi Nandan, learned Senior Counsel assisted by Sri Ashish Singh and Sri Mohit Singh, learned counsels for the respondents.
2. The petitioners are the students of M.B.B.S. Course of K.M. (Krishna Mohan) University, Mathura (hereinafter referred to as 'College') and have been admitted to the M.B.B.S. First Year Course during the Academic Session 2019-20.
3. The petitioners by means of the present writ petition have assailed the order dated 24.10.2024 passed by the Appellate Authority, U.P. Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) by which, the Appellate Authority has set aside the Government Orders dated 14.07.2017 and 01.07.2019, and referred the matter to the Fee Fixation Committee to determine the fee for the Session 2019-20.
4. The facts, in brief, are that petitioners participated in the National Eligibility-cum-Entrance Test-2019 (hereinafter referred to as 'NEET') conducted by the National Testing Agency (N.T.A.). All the petitioners qualified the NEET Examination. Thereafter, the petitioners participated in the Counseling conducted at the level of Director General, Medical Education & Training, U.P. On the basis of said counseling, petitioners were allotted College.
5. The petitioners alongwith the writ petition have enclosed the relevant extract of the brochure as Annexure-3 to the writ petition indicating the fee structure for NEET, U.G. 2019 for private medical colleges. The name of the College appears at serial number 16. The following fee structure is prescribed:-
| NEET UG 2019- Private Medical Colleges-Fee Structure | |||||
| Sl. No. | Institution | Tuition Fee | Hostel Fee | Security Fee | Total |
| … | … | … | … | … | … |
| 16. | Krishna Mohan Medical College & Hospital, Mathura | 8,50,000 | 1,50,000 | 3,00,000 | 13,00,000 |
6. The course duration of the petitioners is five years out of which, petitioners have to study upto 4 ½ years, and thereafter, one year of internship. According to petitioners, they are liable to pay fee upto 4 ½ years, and for the internship period, they are entitled to get stipend of Rs.12,000/-.
7. It transpires from the record that a Government Order dated 14.07.2017 was issued with the consultation of Fee Fixation Committee constituted under the provisions of The Uttar Pradesh Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 (hereinafter referred to as 'Act, 2006') fixing the fee for the Sessions 2017-18, 2018-19 & 2019-20.
8. As per the Government Order dated 14.07.2017, the fee of the petitioners' institution was fixed for the aforesaid session as Rs.8,50,000/- per year. It has been informed that the College did not take admission of M.B.B.S. Course for the Sessions 2017-18 & 2018-19 due to non-issuance of Letter of Permission by the Medical Council of India. It has also been informed that the College was given Letter of Permission by the Medical Council of India in the year 2019 for commencing the course for the Session 2019-20. Thereafter, the petitioners
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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.
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....
The impugned Government order was illegal and arbitrary as it was issued in exercise of power under Section 7 of the A.P. Educational Institutions (Regulation of Admission and Prohibition of Capitati....
The respondents could not impose the conditions under the impugned clauses 10, 13, 21, and 22 while approving the fee structure in the petitioners' institute, as the conditions were not lawful and we....
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....
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