Uttarakhand High Court
WPMS/1066/2018 on 21 March, 2023
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WPMS No.1066 of 2018
Hon'ble Manoj Kumar Tiwari, J.
There is no representation for the
petitioner.
Mr. Shubhang Dobhal, Advocate for
respondent no. 3.
Mr. Suyash Pant, Standing Counsel
for the State of Uttarakhand.
Mr. N.S. Pundir, Advocate for
respondent no. 4.
Mr. Parikshit Saini, Advocate for
respondent no.5.
Petitioner took admission in P.G.
Medical Course in Shri Guru Ram Rai
Institute of Medical College, Dehradun,
during academic session 2018-2019.
According to petitioner, she was asked to
deposit fee in excess of the amount
determined by Fee Regulatory
Committee, as payable for the course in
question. In this writ petition, she has
sought the following reliefs:
"i) Issue a writ order or direction in the
nature of mandamus directing the respondent no. 3
to forthwith direct the respondents no. 3, to refund
the additional fees of Rs.7,22,165/-(deposited with
respondent no. 3 by petitioner under duress in
addition to the requisite fees of Rs. 7,38,835/-,
earlier deposited by her at Doon Medical College,
Dehrakhas, Dehradun under direction of
Uttarakhand State Centralised Counselling Board, as
fixed by the Uttarakhand Fee Regulator
Committee/respondent no. 1), for pursuing his Post
Graduation Course allotted to the petitioner. OR
alternatively, To direct the respondents to adjust
the amount of additional fees of Rs. 7,22,165/-
(deposited with respondent no. 3 by petitioner
under duress in addition to the requisite fees) in
petitioner's next year's annual tuition fees/hostel
fees etc.
ii) Issue a writ order or direction in the nature
of mandamus directing the respondent no. 3 to
strictly adhere to the provisions laid down in the
Uttarakhand Unaided Private Professional Education
Institutions (Regulation of Admission and Fixation of
Fee) (Amendment) Act, 2010 and permit the
petitioner to complete her Course @ Rs.7,38,835/-
per annum (i.e. the fees prescribed by Fee
Regulatory Committee at the time of petitioner's
admission in respondent no. 3 Institute) at the
respondent no. 3 Institute for the entire length of
the Course and forbear the respondent no. 3 from
realizing any additional fee in addition to
Rs.7,38,835/- per annum (i.e. the fees prescribed
by Fee Regulatory Committee/State Government at
the time of petitioner's admission in respondent no.
3 Institute) in present and future academic years of
her Course at respondent no. 3."
Learned counsel for respondent no.
3 points out that this Court in WPMS No.
933 of 2018 has held that provisions of
Uttarakhand Unaided Private Professional
Educational Institutions (Regulation of
Admission and Fixation of Fee) Act, 2006
would not apply to a Medical College run
by a private University. He points out
that respondent no.3 is a constituent
college of Shri Guru Ram Rai University
which is established under a State Act.
He, thus, submits that in view of the said
judgment, no relief can be granted to the
petitioner, as she asserts that fee, as
determined by the Fee Regulatory
Committee constituted under 2006 Act
alone can be demanded by the College.
This Court finds substance in the
submission made by learned counsel for
respondent no. 3.
In view of the order passed by this
Court in WPMS No. 933 of 2018, no
relief, as claimed in the writ petition, can
now be granted.
Accordingly, the writ petition fails
and is dismissed.
(Manoj Kumar Tiwari, J.)
21.03.2023
Arpan
