Kamla Nehru Institute Of ... vs State Of U.P. Through Prin.Secy. ...
2021 Latest Caselaw 2590 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 
Case :- MISC. SINGLE No. - 7000 of 2020
 
Petitioner :- Kamla Nehru Institute Of Physical/Social Sciences Thr.Manage
 
Respondent :- State Of U.P. Through Prin.Secy. Higher Education And Ors.
 
Counsel for Petitioner :- Ram Raj,Priyal Agarwal,Rishabh Raj
 
Counsel for Respondent :- C.S.C.,Manish Pandey,Prashant Tripathi
 

 
Hon'ble Jaspreet Singh,J.

Heard Sri Rishabh Raj, learned counsel for the petitioner as well as Sri Prashant Tripathi, learned counsel for the respondent nos. 2 and 3-University.

The learned counsel for the petitioner submits that the respondents without issuing any Ordinance without amending the Statute have enhanced the fee vide notification dated 28.05.2019 which is not permissible. It has also been submitted that the aforesaid issue was considered by this Court in the case of Committee of Management Jagdish Singh Mahavidyalaya and Another Vs. State of U.P. and 2 Others passed in Writ-C No. 42602 of 2019 on 05.02.2020 a copy of the said judgment has been annexed as Annexure No. 4 to the writ petition wherein by means of judgment dated 05.02.2020 it has been held that such enhancement is not permissible without amendment or formulation of a fresh Ordinance.

The learned counsel for the petitioner submits that the aforesaid issue also squarely covers the controversy involved in the instant petition.

Sri Prashant Tripathi, learned counsel appearing for respondent nos. 2 & 3- University on the basis of written instructions submits that the issue is squarely covered by the aforesaid judgment of Jagdish Singh Mahavidyalaya (supra) and in case if the petitioner is granted the benefit of the aforesaid judgment, they shall have no objection.

Considering the aforesaid and the consensus between the parties, this petition is disposed of in terms of the aforesaid judgment of Committee of Management Jagdish Singh Mahavidyalaya and Another Vs. State of U.P. and 2 Others passed in Writ-C No. 42602 of 2019 on 05.02.2020 and the petitioner will also entitled to the benefit of the aforesaid judgment.

Order Date :- 18.2.2021

Asheesh