Patna High Court
Vikash Kumar Neelam vs The State Of Bihar on 18 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20840 of 2019
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Vikash Kumar Neelam, Son of Sri Shiv Narayan Sah, Resident of 35, North
Maheshwari Haripur, P.S.-Araria, District-Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Health Department, Govt. of Bihar, Patna.
3. Katihar Medical College and Hospital, through its Principal, Karimbagh,
Katihar, District-Katihar.
4. Education Fee Fixation Committee through its Chairman, State Health and
Family Welfare Campus, Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dinu Kumar, Advocate
Mr. Arvind Kumar Sharma, Advocate
For the Respondent/s : Mr. Birju Prasad ( Gp13 )
For respondent no.3 : Mr. Dharmeshwar Mishra,
Mr. Sanjay Kumar Srivastava, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 18-02-2021
Petitioner has prayed for following relief:-
" (a) For quashing the order dated 28.06.2019 issued
under the signature of Principal, katihar Medical College,
Katihar, as contained in Annexure 4 by which Rs.14,37,500/- fee
has been fixed per annum for the students admitted in Session
2016-17, 2017-18 of 1st MBBS course 28th Batch and 29th Batch
payable from the year 2019-20 till further notice on. It is further
resolved tuition fee for the student out of student of NRI quota
has been revised and increased by 15% per annum in the
academic year.
(b) Also for directing the respondents to ensure fee
structure fixed by the educational fee fixation committee of
kathiar Medical College, Katihar, Narayan Medical College,
Patna High Court CWJC No.20840 of 2019 dt.18-02-2021
Jamuar, Rohtas, at Sasaram, Mata Gujai Medical College,
Kishanganj based on recommendation of the committee which
has issued notification for the academic year 2018-19, 209-20
and 2020-21 Rs.7,38,000/-, development fee 1,00,000/- total
8,38,000/- for the academic Sessions 2018-19, 2019-20 and
2020-21 for the MBBS Graduate course 5 years which was
issued on 20-07-2018 under the signature of Joint Secretary,
Health Department, Govt. of Bihar, Patna be maintained also
directed to the Health Department and the Medical Council of
India to take legal action against Katihar Medical College who
has increased the fee structure of the MBBS course from
7,38,000 to 14,37,500/- in de recognizing the affiliation of
Katihar Medical College and taking criminal action for acting
against the decision of the Hon'ble High Court, Patna on 10-09-
2018 in C.W.J.C. No. 15966/16 as contained in Annexure -3.
(c) Also declaring action of the State respondents in not
taking action against Katihar Medical College with respect to
increasing the fee structure on 28-06-2019 as contained in
Annexure -4 from 7,38,000/- to 14,37,500/- is criminal
misconduct an act of arbitrariness, mala fide and bad in law.
(d) Also for necessary releif/reliefs, order/orders, directions for
which the petitioners may be also entitled too under the facts and
circumstances of the case."
Having heard learned counsel for the parties, we are of the
considered view that natural justice would be best served if the
petition is disposed of in the following mutually agreeable
terms:-
Petitioner shall make a fresh representation to the
appropriate authority, including the Principal Secretary, Health
Department, Govt. of Bihar, Patna, who shall, after hearing all
Patna High Court CWJC No.20840 of 2019 dt.18-02-2021
concerned, take a decision thereupon within a period of three
months.
Any person aggrieved by the order passed or action
taken shall have liberty to take recourse to such remedy as
available in accordance with law.
We clarify that we have not adjudicated the lis on
merit and all issues are left open for the authority to take
appropriate action. If the authorities, based on the factual
matrix, arrive at a conclusion that the respondent / institution
having charged fee in excess of the statute or direction issued
by the Hon'ble Apex Court, an appropriate action shall
positively be taken against the concerned persons.
Learned counsel for respondent no.3 seriously refutes
the allegation made by the petitioner with regard to the
charging of excess fee.
Accordingly, this writ petition is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
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