Uttarakhand High Court
WPMS/1051/2018 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. 1051 of 2018
BETWEEN:
Dr. Suman ... Petitioner
(By Mr. D.K. Joshi, 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 nos. 3 & 4, 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.)
With
Writ Petition (M/S) No. 1052 of 2018
Writ Petition (M/S) No. 1053 of 2018
JUDGMENT
1. Since common questions of fact and law are
involved in these petitions, therefore, these petitions
are clubbed together and are being heard & decided
together. However, for the sake of convenience, facts of
WPMS No. 1051 of 2018 are being considered.
2. Petitioner was desirous of pursuing Post
Graduate Medical Course from Shri Guru Ram Rai
Institute of Medical & Health Science during Academic
Session 2018-19. Since the concerned college was
demanding more fee from the petitioner, therefore,
petitioner filed this writ petition seeking following
reliefs:-
(i) Issue a writ order or direction in the nature of
mandamus directing the respondents to
extend the Last date of admission against PG
seat for OBG/(Gynecologist) under state
quota/UR/women category.
(ii) Issue a writ order or direction in the nature of
mandamus directing the respondent no. 3 to
forthwith grant admission to the petitioner
against PG seat for OBG/(Gynecologist) under
state quota/UR/women category with the
prescribed fees Rupees 7,38,835/- (Tuition
Fee) 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 Uttrakhand Unaided Private Professional
Education Institutions (Regulation of
Admission and Fixation of Fee) (Amendment)
Act, 2010.
3. This Court on 13.04.2018 had passed
following order:-
"Petitioners participated in NEET P.G. 2018
for admission to P.G. Medical Courses. Based on
the ranking in the merit list for Uttarakhand State,
they were allotted seat in different P.G. Courses in
Sri Guru Ram Rai Institute of Medical and Health
Sciences in the State counseling. Grievance of the
petitioners 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 the petitioners to deposit fee over and
above the fee determined by the State
Government.
Sri Subhang Dobhal, Advocate 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
petitioners may file rejoinder affidavit within two
weeks thereafter.
In the meantime, it is provided that the
University shall give admission to the petitioners
by tomorrow, subject to petitioners submitting
separate undertaking with the University that the
petitioners will abide by the outcome of Writ
Petition (M/S) No. 933 of 2018.
Mr. Subhang Dobhal, 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."
4. Mr. Rajendra Dobhal, learned Senior counsel
appearing for the Institute submits that pursuant to the
interim order, petitioner was given admission in the
Institute and she 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 now the writ
petitions have become infructuous, as in terms of the
interim order, petitioners have given undertaking that
they will abide by the outcome of WPMS No. 933 of
2018, in which question involved is 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 be applicable for determining
the fee.
5. Mr. D.K. Joshi, learned counsel for the
petitioners does not dispute the submission made by
Mr. Rajendra Dobhal, Senior Advocate appearing for the
College and he concedes that in view of the undertaking
given by petitioners in terms of order dated
13.04.2018, they shall be bound by the outcome of
WPMS No. 933 of 2018.
6. From the aforesaid discussion, it is apparent
that no useful purpose would be served by keeping
these writ petitions pending on the file. Accordingly,
the writ petitions are dismissed. No order as to costs.
However, it is made clear that petitioners shall be liable
to pay the excess fee, if any, as per their undertaking
and/or the judgment to be rendered in WPMS No. 933
of 2018.
(Manoj Kumar Tiwari, J.)
Aswal
