2025:CGHC:717 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4864 of 2023

1 - Rajiv Lochan Ayurveda Medical College Run By Yuva Utthan Samiti Through The Secretary, Yuva Utthan Samiti Shantikunj, Plot No.41 Behind Kalibadi Mandir, Katulboard Road Sindhia Nagar, Durg, District :

Durg, Chhattisgarh RAHUL Petitioner(s)

JHA Digitally signed by RAHUL JHA Date: 2025.01.06

17:56:27 +0530 versus

1 - State Of Chhattisgarh Through The Secretary To The Govt. Of Chhattisgarh, Department Of Medical Education Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur (C.G.)

2 - The Director Department Of Ayurveda, Yoga And Naturopathy, Unani Siddha And Homoeopathy (Ayush) Old Mantralaya Campus, Dks Bhavan, Raipur, P.S. Moudahapara

3 - The Admission And Fee Regulatory Committee Through The Secretary The Admission And Fee Regulatory Committee, Government Co-Education Polytechnic Campus, Bairen Bazar Raipur (C.G.)

Respondent(s)

For Petitioner(s) : Mr. Anurag Dayal Shrivastava, Advocate For Respondent(s) : Ms. Upasana Mehta, Dy. Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)

Order on Board

06/01/2025

1. By the present Writ Petition, the Petitioner/College is praying for quashment of order dated 29/09/2023 (Annexure-P/1) as well as the Resolution dated 08/09/2023 (Annexure-P/2) with a prayer to direct Respondent No. 3 to reconsider the fee structure for the academic year 2002-23, 2023-24 & 2024-25 for the course of Bachelor of Ayurveda, Medicine and Surgery, run by the Petitioner/College

2. Learned counsel for the petitioner, referring to Section-9 of the Chhattisgarh NIJI Vyavasyik shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2008 (for Short ‘the Adhiniyam, 2008’), submits that the Committee has fixed the fee structure of the Petitioner/College without issuing any notice to the Petitioner/College, which is clear violation of Section-9 of the Adhiniyam, 2008 as well as the principals of natural justice. He would further submit that Order dated 29/09/2023 (Annexure-P/1) has been passed by fixing the fee structure of the Petitioner/College on the basis of Resolution dated 08/09/2023 passed by the Fee Regulatory Committee.

3. On the other hand, learned counsel for the State submits that a detailed order has been passed by the Committee and the fee has been fixed in accordance with law, which does not require any interference, therefore, this writ petition may be dismissed.

4. I have heard counsel for the parties.

5. Section-9 of the Chhattisgarh NIJI Vyavasyik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2008 reads as under:-

Fixation of Fee

9. Factors.- (1) Having regard to,-

(i) the location of the private unaided professional educational institution;

(ii) the nature of the professional course;

(iii) the cost of land and building;

(iv) the available infrastructure, teaching, non teaching staff and equipments;

(v) the expenditure on administration and maintenance;

(vi) a reasonable surplus required for growth and development of the professional institution;

(vii) any other relevant factor, the Committee shall determine, in the manner prescribed, the fee to be charged by a private unaided professional educational institution.

(2) The Committee shall give the institution an opportunity of being heard before fixing any fee;

Provided that no such fee, as may be fixed by the Committee, shall amount to profiteering or commercialization.

6. Section-9 of the Adhiniyam, 2008 clearly indicates that the Committee shall have to give an opportunity to the Petitioner/College being heard before fixing the fee structure, however, from the resolution dated 08/09/2023 (Annexure-P/2), it is apparent that no such opportunity was provided to the Petitioner/College before fixing the fee. Hence, the order impugned dated 29/09/2023 (Annexure-P/1) and Resolution dated 08/09/2023 (Annexure-P/2) are hereby quashed.

7. The issue for fixation of fee structure in respect of Petitioner/College is remitted back to Respondent No.3 to pass afre