Ajay Mohan Goel, J
1. 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 an appropriate writ, order or direction
as this Hon’ble Court deems just and proper in the facts and circumstances of the case, may kindly be issued against the respondents to the
following effect:-
i. That the writ in nature of mandamus may kindly be issued by directing the respondents to remove the anomaly/disparity in the fee structures of the
petitioners.
ii. That writ in nature of certiorari may kindly be issued by quashing the notification dated 9th August, 2017 (Annexure P-3).
Iii. That writ in nature of mandamus may kindly be issued directing the respondents to charge the tuition fees as was being charged in the year 2016-
17, and is being charged for the year 2018-19 and 2019-20 for the same type of seats i.e. NRI seats converted into state general quota seats.
iv. That writ in nature of mandamus may kindly be issued directing the respondents to consider the representations of the petitioners in view of the fee
structures in the year 2016-17, 2018-19, and 2019-20.
v. That the respondents may very kindly be directed to produce the entire record pertaining to the case of the petitioners for the kind perused of this
Hon’ble Court.
vi. That the respondents may be burdened with exemplary costs.
Vii. Any other order which this Hon’ble Court deems just and proper in the facts and circumstances of the case may also kindly be passed in
favour of the petitioner and against the respondents.â€
2. After making his submissions for some time, learned Senior Counsel appearing 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 Senior 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.
3. 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.
4. Having heard learned Counsel appearing 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.â€
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.
5. 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
6. 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.
