WPMS/933/2018
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                                  WPMS No. 933 of 2018
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Jitendra Chaudhary, Advocate for the petitioners.

Mr. V.D. Bisen, Brief Holder for the State of Uttarakhand.

Mr. Shailendra Nauriyal, Advocate for respondent no. 4.

Mr. Parikshit Saini, Advocate for respondent no. 3.

Mr. T.A. Khan, Senior Advocate, assisted by Ms. Sadaf, Advocate, holding brief of Mr. Vinay Bhatt, Advocate for respondent nos.16 to 74 and 25 to 83.

Mr. Anand Singh Mer, Advocate, holding brief of Mr. Amar Shukla, Advocate for respondent nos. 84 to 153.

Heard learned counsel for the parties.

This writ petition has been filed by Sri Guru Ram Rai University and Sri Guru Ram Rai Institute of Medical & Health Sciences College, Patel Nagar, Dehradun seeking the following reliefs:

"(i) Issue a writ, order or direction in the nature of certiorari calling for the original record and pleased to quash the impugned urgent information memo dated 4-4-2018 alongwith fee tabular chart (ANNEXURE No. 3) issued/ uploaded by the respondent no. 4 i.e. HNB Uttarakhand Medical Education University, Dehradun/NEET-PG 2018 Uttarakhand State Centralized Counselling Board upon its own website.

(ii) Issue a writ, order or direction in the nature of mandamus, directing and commanding the respondent no. 4 i.e. HNB Uttarakhand Medical Education University Dehradun/NEET-PG 2018 Uttarakhand State Centralized Counselling Board to the effect that it shall complete counselling as per notified schedule and direct the enrolled finally selected candidates to pay "tuition fee" for state quota seats as well as All India Management quota seats as per the fee structure provided by the petitioner medical college which is annexed as annexure no. 2 to this writ petition.

(iii) Issue a writ, order or direction in the nature of mandamus, giving a declaration that the petitioner no. 1 being private University created through the Uttarakhand Act No. 03 of 2017 is fully competent and authorized to determine/fix tuition fee structure for various PG Courses as well as for MBBS course being run by its constituent medical college i.e. the petitioner no. 2 from the year 2017 onwards as per its own Sri Guru Ram Rai University Act 2016, approved Statue and rules."

It is not in dispute that Sri Guru Ram Rai Institute of Medical & Health Sciences College, Dehradun was being run by a society registered under Societies Registration Act and was affiliated with H.N.B. Garhwal University, however, in the year 2017, State Legislature enacted Sri Guru Ram Rai University Act (Uttarakhand Adhiniyam No. 03 of 2017), which was notified on 07.04.2017. On account of enactment of Sri Guru Ram Rai University Act, petitioner no. 2 became a constituent college of Sri Guru Ram Rai University.

The sole question, which falls for consideration before this Court in this writ petition, is whether provisions of Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 would be applicable for determination of fee for admission to Sri Guru Ram Rai Institute of Medical & Health Sciences College, Dehradun or not.

Learned counsel for the petitioners submits that the controversy has been decided by this Court in WPMS No. 2566 of 2018 and other connected writ petitions, where it has been held that provisions of Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 shall not be applicable to a Medical College run by a private University. Thus, learned counsel for the petitioners submits that present writ petition deserves to be decided in terms of judgment dated 26.04.2022 rendered in WPMS No. 2566 of 2018.

Learned Brief Holder does not dispute the said submission and he fairly submits that the controversy in the said writ petition is similar to the one involved in the present case.

In such view of the matter, the writ petition is disposed of in terms of judgment dated 26.04.2022 rendered in WPMS No. 2566 of 2018. However, it is made clear that students, who were admitted during academic session 2017-2018 as per the old fee structure, shall not be affected by this order and they shall continue to be governed by old fee structure as determined by Fee Regulatory Committee constituted under the provisions of Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006.

(Manoj Kumar Tiwari, J.) 28.02.2023 Arpan