M/S Heritage Institute Of Medical ... vs State Of U.P. Thru. Addl. Chief Secy. ...
2025 Latest Caselaw 11078 ALL

Allahabad High Court

M/S Heritage Institute Of Medical ... vs State Of U.P. Thru. Addl. Chief Secy. ... on 25 September, 2025

Author: Pankaj Bhatia

Bench: Pankaj Bhatia

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:60055
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
WRIT - C No. - 8208 of 2025   
 
   M/S Heritage Institute Of Medical Sciences Thru. Authorised Signatory Mool Chandra    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Medical Education Lko. And 3 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Mudit Agarwal   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Syed Mohammad Haider Rizv   
 
     
 
  
 
with 
 
WRIT - C No. - 7855 of 2025   
 
   Saraswathi Institute Of Medical Sciences Thru. General Manager Sri Nanjappa Gowder Varadharajan    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Medical Adu. Lko And 3 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Mudit Agarwal   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Syed Mohammad Haider Rizv   
 
 
 
      
 
 
 
    with  
 
WRIT - C No. - 7896 of 2025   
 
   Kanti Devi Medical College Hospital And Research Center Thru. Authorised Signatory Raju    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Medical Edu. Lko And 3 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Mudit Agarwal   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Syed Mohammad Haider Rizv   
 
     
 

 
 
 
 with 
 
WRIT - C No. - 7901 of 2025   
 
   United Institute Of Medical Sciences Thru. Authorised Signatoryy Sri Lal Mani Mishra    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Medical Edu. Lko And 3 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Mudit Agarwal   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Syed Mohammad Haider Rizv   
 
     
 
  
 
with 
 
WRIT - C No. - 7913 of 2025   
 
   Naraina Medical College And Research Centre Thru. Prin. Authorised Signatory Dr Virendra Kumar    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Medical Education Lko. And 3 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Mudit Agarwal   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Syed Mohammad Haider Rizv   
 
     
 
  
 
with 
 
WRIT - C No. - 8038 of 2025   
 
   Venkateshwara Institute Of Medical Sciences Thru.Auth. Signatory Arun Kumar    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Medical Education Lko. And 2 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Mudit Agarwal   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Syed Mohammad Haider Rizv   
 
     
 

 
 
 
 with 
 
  
 
WRIT - C No. - 8081 of 2025   
 
   Prasad Institute Of Medical Sciences Trust,Mumbai Thru.Authorised Signatory Saurabh Sharma    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Medical Education Lko. And 2 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Mudit Agarwal   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Syed Mohammad Haider Rizv   
 
     
 
 
 
   
 
 
 
   with  
 
WRIT - C No. - 8084 of 2025   
 
   Krishna Mohan Medical College And Hospital Mathura Thru. Authorised Signatory Devendra Singh    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Medical Education Lko. And 2 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Mudit Agarwal   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Syed Mohammad Haider Rizv   
 
     
 

 
 
 
 with  
 
WRIT - C No. - 8194 of 2025   
 
   Dr.Kns Memorial Institute Of Medical Sciences Thr.Registrar Ranjit Kumar Singh    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Medical Education Lko. And 3 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Mudit Agarwal   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Syed Mohammad Haider Rizv   
 
     
 
  
 
with 
 
WRIT - C No. - 8275 of 2025   
 
   Sks Hospital Medical College And Research Centre Thru. Authorised Signatory Sonu Kumar Singh    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Medical Education Lko. And 2 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Amit Jaiswal Ojus Law, Tanveer Ahmad Siddiqui   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Syed Mohammad Haider Rizv   
 
     
 
  
 
with 
 
WRIT - C No. - 8277 of 2025   
 
   Muzaffarnagar Medical College Muzaffarnagar Thru. Accountant Sri Gaurav Khare    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Medical Edu. Lko. And 2 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Amit Jaiswal Ojus Law, Tanveer Ahmad Siddiqui   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Syed Mohammad Haider Rizv   
 
     
 
  
 
with 
 
WRIT - C No. - 8279 of 2025   
 
   Ncr Institute Medical Sciences Meerut Thru. Manager Dileep Kumar Srivastava    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Medical Education Lko. And 2 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Amit Jaiswal Ojus Law, Tanveer Ahmad Siddiqui   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Syed Mohammad Haider Rizv   
 
     
 
  
 
with 
 
WRIT - C No. - 8281 of 2025   
 
   Shri Ram Murti Smarak Institute Of Medical Sciences Thru. Its Manager Sri Pankaj Dixit    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Medical Edu. Lko. And 2 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Amit Jaiswal Ojus Law, Tanveer Ahmad Siddiqui   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Syed Mohammad Haider Rizv   
 
     
 
  
 
with 
 
WRIT - C No. - 8712 of 2025   
 
   Hind Instiitute Of Medical Sciences Thru. Accountant Sri Rahul Tiwari    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Medical Education And 2 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Amit Jaiswal Ojus Law   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C., Syed Mohammad Haider Rizv   
 
     
 
 with 
 
WRIT - C No. - 9086 of 2025   
 
   Rama Medical College Hospital And Research Centre Thru. Authorised Signatory Sri Shyamlal Yadav    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Medical Education Lko. And 3 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Ambrish Singh Yadav, Manish Pandey   
 
  
 
Counsel for Respondent(s)   
 
:   
 
C.S.C.   
 
     
 

 
 
 
  
 
  
 
  
 
  
 
Court No. - 6
 
    
 
 HON'BLE PANKAJ BHATIA, J.       

1. Short counter affidavit and supplementary affidavit filed by the State Counsel are taken on record.

2. Heard Shri Jaideep Narain Mathur, learned Senior Advocate assisted by Shri Mudit Agarwal, Shri Mrityunjay Pratap Singh & Ms. Aishvarya Mathur, learned counsel for the petitioners along with Shri Ambrish Singh Yadav, Shri Manish Pandey, Shri Amit Jaiswal, Shri Aditya Singh & Shri Vikas Raj, learned counsel for the petitioners, Shri Rahul Shukla, learned Additional Chief Standing Counsel as well as Shri S.M. Haider Rizvi, learned counsel for respondent No.4.

3. The present bunch of petitions has been filed by the petitioners challenging the fees determination as done through vide notification dated 05.07.2025 and 24.07.2025. The entire petitions are premised on the ground that in terms of the provisions contained in the Uttar Pradesh Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006, which prescribes for the manner of determination of the fees to be charged by the professional educational institutions in the State of Uttar Pradesh. The prescriptions are contained for the establishment of a committee for fee regulation. The manner of determination of fees is prescribed in Chapter 4 and Section 10 of the said Act prescribes the manner in which the fees to be charged is to be fixed, taking into consideration the various stipulations contained in the said Section. Section 14 of the said Act prescribes a mandate that the State Government or any authority authorized by the State Government may, by notification, make regulations consistent with the provisions of the Act and Section 14(2) further prescribes that the regulations so made will cover the stipulations as contained in Section 14(2)(a),(b) and (c). It is argued that no such regulations have been made in exercise of powers under Section 14. It is further argued that no prescriptions were formulated for determining the fees as are indicated in Section 10 and orders have been passed fixing the fees without taking recourse to any guidelines or prescriptions, which, according to the petitioners, has resulted into grave prejudice. Thus, the present writ petitions have been filed.

4. In light of the fact that the issue with regard to the fixation of fees is a recurring issue. Various judgments have been passed by this court. However, the regulations have not yet been framed. Detailed directions were given by this court in Writ C No.6828 of 2024, vide judgment dated 17.08.2024. Despite the same, no steps have been taken for either prescribing any guidelines for the determination of fees to be charged by the private institutions or any regulations have been framed in pursuance of the powers conferred by virtue of Section 14 of the Act.

5. In light of the said, counter affidavits were called for by the State Counsel. In the short counter affidavit filed on behalf of the respondent Nos.1, 2, and 3, sworn by the Principal Secretary, it has been undertaken that the regulations, as are to be prescribed, would be framed before the next academic session, i.e., 2026-27. The said undertaking, as recorded in para 48 of the affidavit filed, being a solemn undertaking, is taken on record and accepted at its face value.

6. In respect of the orders fixing the fees as has been done by means of the impugned order, it has been stated in details that while fixing the fees, various factors were considered, as are detailed in para 26 and para 35. In short, it has been stated that the prescriptions contained in Section 10 of the Act have been followed in the manner as detailed in para 26 and para 35 of the affidavit, and the fees have been fixed thereafter.

7. Learned counsel for the petitioners, in response to the said short counter affidavit, argue that the manner of fees fixation was neither informed nor were the petitioners taken into confidence regarding same before the actual fees fixation was done. It is further argued that it is strange that, despite allegedly following various measures as disclosed in para 26 and para 35, the fees of various institutions, who are the petitioners before this court, have not even changed from the earlier fixation that was done, which is not likely to happen, if the manner of fees fixation as prescribed under the Act is followed.

8. It is further argued that till the time, the regulations are framed, as have been stated before this Court by means of an affidavit, the petitioners are entitled to benefit of revision of fees at least to the extent of inflation fixed on a year to year basis. It is further argued that none of the parameters as disclosed in para 26 and para 35 were actually followed in making a final decision with regard to the fixation/revision of fees.

9. These facts are denied by the State Counsel. However, there is no denial of the fact that there was no information with regard to the manner in which the fees shall be determined, prior to passing the order for fixation of fees in respect of the individual institutions.

10. That being the case and considering the undertaking given that the fees for the academic session 2026-27 shall be fixed based upon the regulations that have been framed for the next academic session, the present writ petitions are disposed of by holding that the manner of fees fixation, as detailed in para 26 and para 35, are now evident, and as no information was provided to the petitioners, the petitioners are permitted to submit their documents in light of the guidelines which have been adopted for fees fixation by the filing requisite documents that may be desired by the individual institutions.

11. The respondents shall revisit the fees fixation based upon the documents that may be submitted by the individual institutions after analyzing the same on the foundation of the guidelines as has been adopted by the State for this academic session detailed in para 26 and 35.

12. Needless to say that individual hearings shall also be accorded to all the institutions to explain their expenses and their claims with regard to the revision of fees, as may be put before the Committee.

13. In view of all reasoning recorded above, the impugned orders cannot be sustained and are set aside insofar as it relates to the petitioners in this bunch.

14. A fresh decision, as directed above, shall be taken by the Committee in respect of the petitioners who are running the U.G. courses and their petitions pertain to the revision of fees with regard to the U.G. courses and separately in respect of the petitioners whose petitions are sought in respect of the P.G. courses. The said exercise shall be completed positively within a period of six weeks from today.

15. All the writ petitions stand disposed of with the said observations.

16. Respondent No.4 shall inform the students with regard to the pendency of the fees revision as ordered by this Court.

(Pankaj Bhatia,J.)

September 25, 2025

Ashutosh