Yuvraj Singh And 85 Others vs State Of U.P. Thru. Secy. Medical ...
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Allahabad High Court

Yuvraj Singh And 85 Others vs State Of U.P. Thru. Secy. Medical ... on 10 January, 2025

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:4200
 
Court No. - 19
 

 
Case :- WRIT - C No. - 10246 of 2024
 

 
Petitioner :- Yuvraj Singh And 85 Others
 
Respondent :- State Of U.P. Thru. Secy. Medical Education Anubhag 4, Lucknow And 2 Others
 
Counsel for Petitioner :- Vinod Kumar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.
 

1. Heard learned counsel for petitioners, learned State Counsel for opposite parties 1 to 3 and Mr. Amit Jaiswal learned counsel for opposite party No.4.

2. Petition has been filed seeking quashing of the government order dated 28th October, 2024 whereby fee structure of the M.B.B.S. course for academic session 2024-25 for the college concerned has been enhanced. Further prayer for a direction to authorities not to take any additional fee from the petitioners in terms of the government order has also been sought.

3. It is relevant that the present petition has been filed by individual students of the Hind Institute of Medical Sciences, Barabanki whose fee structure has been enhanced by means of government order dated 28.10.2024.

4. Learned counsel for opposite party No.4 has raised a preliminary objection regarding maintainability of this petition in view of the fact that petitioners have an alternative and equally efficacious remedy of filing an appeal under Section 12 of the U.P. Private Professional Educational Institutions (Regulations of Admission and Fixation of Fee) Act 2006. He has also placed reliance on order dated 3rd January, 2025 passed in Special Appeal (Defective) No. 632 of 2024 whereby appeals preferred by individual students have been relegated to the appellate authority.

5. Considering the preliminary objection raised and upon examination of order dated 3rd January, 2025 passed in Special Appeal (Defective) No. 632 of 2024, it is evident that petitioners being individual students have a remedy of filing appeal against government order dated 28th October, 2024.

6. Although learned counsel for petitioners have adverted to the judgment and order dated 10.1.2025 passed by this Court in Writ C No. 10329 of 2024 (G.S. Medical College and Hospital, Ghaziabad through Deputy Director versus State of U.P. and others) alongwith other connected petitions but this Court finds that the aforesaid judgment and order is inapplicable in the facts sand circumstances of the case since the aforesaid petitions had been filed by institutions concerned and not the individual students and concerns of individual institutions in terms of Section 10 of the Act of 2006 had not been adverted to, which is not applicable in the present case.

7. In view thereof, the present petition is disposed of in terms of directions issued by Division Bench of this Court in Special Appeal (Defective) No. 632 of 2024 decided vide judgment and order dated 3rd January, 2025.

Order Date :- 10.1.2025

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