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Judgment
Arup Kumar Goswami, CJ
This Writ Appeal is presented against an interim order dated 07.01.2020 passed by the learned single Judge in I.A.No.1 of 2021 in W.P.No.909 of 2021, holding that no interim direction to fix the minimum fee of Rs.35,000/- can be granted without counter-affidavit of the respondents.
The Writ Petition was filed against an order dated 05.01.2021 declining to consider the request made by the appellant/writ petitioner to fix minimum fee of Rs.35,000/-, and with a further prayer to direct the respondents to fix minimum fee of Rs.35,000/- to be paid to the appellant/college during web counselling, notwithstanding the order dated 05.01.2021. The learned single Judge observed as follows:
"So far as the present impugned order is concerned, two reasons were stated for not fixing the fee. Firstly, the information furnished by the college is incomplete and the income generated by the college is not adequate to run the institution, and secondly, there is no interim direction to fix the fee in the previous writ petition. The Commission vide impugned order came to a conclusion that the information furnished by the college is inadequate and hence, fee is not fixed. This court while exercising the powers of judicial review cannot interfere with the recommendation of Regulatory Commission, with regard to the fee fixation. None of the exceptions mentioned in the said judgment are made out to interfere with the recommendation of the Regulatory Commission."
In I.A.No.1 of 2021, prayer was made to direct the respondents to fix minimum fee of Rs.35,000/-, with a further prayer to direct the respondents to fix minimum fee of Rs.35,000/- to be paid to the appellant/college during web counselling, notwithstanding the order dated 05.01.2021. If the interim order as prayed for by the writ petitioner is allowed, same will result virtually in allowing the writ petition. In that view of the matter, we are of the considered opinion that learned single Judge was justified in rejecting the prayer for interim order.
Accordingly, finding no merit, the Writ Appeal is dismissed.