Uttarakhand High Court
WPMS/1036/2018 on 14 July, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 14TH DAY OF JULY, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ K. TIWARI
Writ Petition (M/S) No. 1036 of 2018
BETWEEN:
Dr. Shubham Kaudinya ... Petitioner
(By Mr. Dharmendra Barthwal, Advocate)
AND:
State of Uttarakhand & others ... Respondents
(By Mr. T.S. Phartiyal, Additional C.S.C. and Mr.
Rajendra Dobhal, Senior Advocate appearing for
respondent no. 3, Mr. Susheel Kumar, Advocate holding
brief of Mr. Shailendra Nauriyal, learned counsel for
respondent and Mr. N.S. Pundir, learned counsel for
respondent no. 4.)
JUDGMENT
1. Petitioner was desirous of taking admission
in Post Graduate Medical Course in Shri Guru Ram Rai
Institute of Medical & Health Science (in short
"Institute") during Academic Session 2018-19. Since
the concerned Institute was demanding more fee from
the petitioner, therefore, petitioner filed this writ
petition seeking following reliefs:-
(i) Issue writ order or direction in the nature
of mandamus directing the respondent no.
3 to forthwith grant admission to the
petitioner on the fees deposited by
petitioner, as has been fixed by the Fee
Regulatory Committee, and respondent no.
3 may further be directed to strictly adhere
to the provisions laid down in the
Uttarakhand Unaided Private Professional
Educational Education Institutions
(Regulation of Admission and Fixation of
Fee)(Amendment)Act, 2010.
2. This Court on 12.04.2018 had passed
following order:-
"Petitioner participated in NEET P.G. 2018 for
admission to P.G. Medical Courses. Based on his
ranking in the merit list for Uttarakhand State, he
was allotted a seat in a P.G. Course in Sri Guru
Ram Rai Institute of Medical and Health Sciences,
in the State counseling.
Grievance of the petitioner is that despite
depositing the entire fee, as fixed by the State
Government, Sri Guru Ram Rai Institute of Medical
and Health Sciences is requiring him to deposit fee
over and above the fee determined by the State
Government.
Sri Rajendra Dobhal, Sr. Advocate, assisted
by Mr. Jitendra Chaudhary submits that the Fee
Determination Committee constituted under Sri
Guru Ram Rai University Act, 2016 has already
determined the fee for P.G. Medical Courses,
therefore, the University is rightly demanding the
fee in terms of the said determination by the
Committee. He further submits that the matter is
sub judice before this Court in Writ Petition (M/S)
No. 933 of 2018.
Learned counsel for respondent No. 3 prays
for and is granted three weeks' time for filing
counter affidavit. Learned counsel for the
petitioner may file rejoinder affidavit two weeks
thereafter.
In the meantime, it is provided that the
University shall give admission to the petitioner by
tomorrow, subject to petitioner submitting an
undertaking with the University that he will abide
by the outcome of Writ Petition (M/S) No. 933 of
2018.
Mr. Rajendra Dobhal, Sr. Advocate
undertakes to communicate this order to the
University today itself.
Let a certified copy of this order be supplied
to learned counsel for the parties today itself on
payment of usual charges."
3. Mr. Rajendra Dobhal, learned Senior Counsel
appearing for the Institute submits that in terms of the
interim order, petitioner was given admission in the
Institute and he has deposited the fee, as determined
by Fee Regulatory Committee constituted under
Uttarakhand Unaided Private Professional Educational
Institutions (Regulation of Admission and Fixation
of Fee) Act, 2006. He further submits that the writ
petition has become infructuous, as in terms of the
interim order petitioner has given an undertaking that
he will abide by the outcome of the WPMS No. 933 of
2018, in which question involved is as to whether Shri
Guru Ram Rai University Act, 2016 would prevail or
Uttarakhand Unaided Private Professional Educational
Institutions (Regulation of Admission and Fixation
of Fee) Act, 2006 would prevail in the matter for
determining the fee.
4. Mr. Dharmendra Barthwal, learned counsel
for the petitioner does not dispute the submission made
by Mr. Rajendra Dobhal, Senior Advocate appearing for
the Institute and he submits that in view of the
undertaking given by the petitioner, in terms of the
order dated 12.04.2018, he shall be bound by the final
outcome of WPMS No. 933 of 2018.
5. For the aforesaid facts and reasons, the writ
petition is dismissed. No order as to costs. However, it
is made clear that petitioner shall be liable to pay the
excess fee, if any, as per his undertaking or the
judgment to be rendered in WPMS No. 933 of 2018.
(Manoj Kumar Tiwari, J.)
Aswal
