2026:CGHC:21358 RJAATGHVENDRADsRJA iA igg T nG iteH adl V by EyNDRA AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 458 of 2026

1 - Raipur Institute Of Medical Sciences Through Authorized Signatory, Sh. Krishna Kumar Vadhwa, S/o Shri M.R. Vadhwa, Aged About 60 Years, R/o Rims Campus, Bhansoj Road, Nh-6, Village Godhi, Raipur (C.G.).

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Family And Health Welfare Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.

2 - The Director Medical Education, Old Nurses Hostel, D.K.S. Bhawan Premises, Raipur (C.G.).

3 - Admission And Fee Regulatory Committee Constituted Under The Chhattisgarh Niji Vyavasayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Act, 2008, Through Its President, Admission And Fee Regulatory Committee, Womans Polytechnic Premises, Bairan Bazar, Raipur, District Raipur, Chhattisgarh.

... Respondent(s)

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

07/05/2026

1. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 The Hon'ble Court may kindly be pleased to call for the entire relevant records concerning the Petitioner, from the Respondents for kind perusal:

10.2 The Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari or such other appropriate writ/order/direction quashing and setting aside the impugned order dated 23.09.2025 passed by the Respondent No.1-State (Annexure P/1),qua the Petitioner, 10.3 The Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari or such other appropriate writ/order/direction quashing and setting aside the impugned resolution dated 22.08.2024 passed by the Respondent No.3-Admission and Fee Regulatory Committee (Annexure P/2), qua the Petitioner;

10.4 The Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus or such other appropriate writ/order/direction commanding the Respondent No.3 to accept the fees proposed by the Petitioner for the Academic Session 2024-25, 2025-26 & 2026-27;

10.5 The Hon'ble Court may kindly be pleased to pass any other order(s) that this Hon'ble Court may deem just and necessary in the interest of justice.”

2. Brief facts of the case, that, the present writ petition has been filed by the petitioner–institution, namely Raipur Institute of Medical Sciences, which is a private unaided medical college being run and managed by Lord Buddha Education Society, a society duly registered in accordance with law. The petitioner–institution was established in the year 2012 and is affiliated with Pandit Deendayal Upadhyay Memorial Health Science and Ayush Private College. It is the case of the petitioner that requisite permissions have been granted by the Ministry of Health and Family Welfare, Government of India, for conducting MBBS as well as Post Graduate (MD/MS) medical courses. The petitioner–institution was initially permitted to commence MBBS courses from the year 2012 and, subsequently, on account of its infrastructural facilities, statutory compliances, and academic standards, it was also granted permission to conduct PG Medical Courses from the year 2021 with an intake capacity of 63 students in various clinical and non-clinical disciplines. It is further pleaded that the petitioner– institution is a private unaided and self-financing institution receiving no grant from the Central Government, State Government or any local authority and, therefore, enjoys the protection available under Article 19(1)(g) of the Constitution of India subject to reasonable regulation. It is the further case of the petitioner that fee fixation in respect of professional courses is regulated by the Admission and Fee Regulatory Committee (AFRC) constituted under the provisions of the Chhattisgarh Niji Vyavasayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2008. According to the petitioner, the committee is empower