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Judgment
Ajay Mohan Goel, J
By way of this petition, the petitioners have prayed for the following reliefs:-
"It is, therefore, most humbly and respectfully prayed that this Civil Writ Petition may kindly be allowed and
(i) Writ in the nature of certiorari may kindly be issued directing the respondents to quash and set aside the Notice dated 09-08-2017 (Annexure P-3) and allow the petitioners to pursue their MBBS course on the fee structure applicable to general candidates i.e. Rs. 60,000/- per annum instead of higher tuition fee proposed vide Notice dated 9th August 2017 at Rs. 5,50,000/- and removing the disparity/anomaly in the fee structure.
(ii) That writ in the nature of certiorari may kindly be issued to quash the letter dated 12th April 2020 Annexure P-11 where by the petitioners were directed to deposit Rs. 14,90,000/- i.e. (Rupees Fourteen Lakhs Ninety thousand only) each within 20 days after receiving the letter.
(iii) That the respondents may kindly be directed to produce the entire record related to case for perusal of this Hon'ble Court.
(iv) Any other appropriate writ, order or direction which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the present case, may be passed."
After making his submissions for some time, learned Counsel for the petitioners, on instructions, submits that at this stage, the petitioners shall be satisfied in case this writ petition is disposed of by the Court by permitting the petitioners to approach the State for redressal of the grievance which stands raised by them by way of this petition with an observation that the issue be decided by the authorities sympathetically keeping in view the fact that a fresh cause of action has arisen in favour of the petitioners as in the subsequent academic sessions, the fee being now charged by the State from the candidates who have been admitted against vacant/unfilled NRI quota seats is much less than what has been demanded from the petitioners. Learned Counsel further submits that State be directed to consider the request made by the petitioners in the event of their filing representations with the authorities not only sympathetically but without being influenced by earlier adjudications on the issue.
Mr. Ajay Vaidya, learned Senior Additional Advocate General submits that the authorities will have to take into consideration the factum of certain matters having been decided even by Hon'ble Supreme Court of India in this regard.
Having heard learned Counsel for the petitioners as well as learned Senior Additional Advocate General, this petition is disposed of with liberty to the petitioners to file a representation to the State for the redressal of their grievances raised in this petition or which they may be raising in the representation to be filed. In the event of any such representation being filed on or before 31st July, 2020, the same be decided by the competent authority, after hearing the petitioners in a representative capacity or through Counsel sympathetically. This observation the Court is making as the Court cannot loose sight of the fact that the present petitioners who were admitted against vacant/ unfilled NRI quota seats in Government Medical Colleges for the year 2017-18, in terms of the Government communication dated 09.08.2017, appended as Annexure P-3 with CWP No. 2397 of 2019, were admitted on the following condition:-
"Note: The tuition fee for State Quota seats in private Medical College as mentioned in the Prospectus for Counselling for MBBS/BDS-2017-18 is Rs. 5,50,000/- (per student per annum). However, the matter with regard to revision of fee structure of Private Medical College is under consideration at Govt. level. In case tuition fee will be increased, the same will be applicable to the candidates who will be admitted against the NRI quota seats in Govt. Medical Colleges as per the instructions of the Govt."
which condition has been done away by the Government in the subsequent academic years/sessions by maintaining a parity in the fee structure of the candidates who have been admitted on merit.
The competent authority shall decide the representation of the petitioners within a period of four weeks as from the date of its receipt on merit, in accordance with law, in view of the subsequent developments without being influenced by the earlier adjudications, if any, on the issue
With these observations, this writ petition is disposed of, so also pending miscellaneous application(s), if any. Interim protection to continue till decision is made on the representation. It is clarified that this Court has not expressed any view on the merit of the case and the State shall be at liberty to decide the representations, which shall be made by the petitioners, strictly in accordance with law. No order as to costs.
Copy dasti.