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Judgment
Kurian Joseph, Chief Justice
The petitioners in these cases got admission to the Dental Colleges run by the private respondents herein under the management quota, during the academic year 2003-2004 for the BDS Course. The management claimed that the students admitted under the management quota should pay at the rate of Rs. 2.5 lacs, whereas the students have contended that they are governed only by the fee as fixed by the Committee constituted as per the directions of the Apex Court in Islamic Academy of Education and Another Vs. State of Karnataka and Others, . Though the learned Senior Counsel and other counsel appearing for the private Dental Colleges have made a vehement attempt to sustain their claim for the fees at the rate of Rs. 2.5 lacs per year for the students admitted under the management quota, we are afraid that the contention cannot be appreciated, in view of the finality attained to this issue by the Division Bench judgment of this Court in Rajat Chauhan and others vs. State of H.P. and others, decided on 6th December, 2005 in CWP No. 856 of 2005. The petitioners therein had secured admission in the State-merit quota and it was contended that their liability was to pay only at the rate of Rs. 20, 000/-; whereas the Committee (headed by Justice Bhatnagar) in his report dated 28.7.2005 held that the students irrespective of admission in the merit quota or the management quota are liable to pay between Rs. 63, 000/- to Rs. 84, 000/- depending on the College. While considering the said grievance, the Division Bench in the aforesaid judgment has also gone into the justification for uniform fee and the report has been upheld in the process. It will be profitable to refer to the judgment to the extent relevant:
The challenge in this writ petition is to the fee structure fixed by the Committee constituted pursuant to the judgment of Hon''ble Supreme Court in Islamic Academy Foundation''s case supra, by the batch of a student who were admitted in Bhujia Dental College, Nalagarh for the session 2003-04 against the State sponsored seats known as State seats. In regard their case, the State Government vide order dated 15.9.2003 fixed Rs. 20, 000/- for State seats and Rs. 2, 50, 000/- for management seats. The grievance of the petitioners in this writ petition is in regard to increase of fee from Rs. 20, 000/- to Rs. 84, 000/-.
Learned counsel for the petitioners submitted that the fee fixed in the case of petitioners is exorbitant and once the State Government has fixed Rs. 20, 000/-fee for the State sponsored seats, there is no justification for the committee to increase it to Rs. 84, 000/- per session and that too for the session 2003-04. We are not impressed with the submissions made by the learned counsel for the petitioners.
It is not denied by the learned counsel for the petitioners that the fee structure for the State sponsored seats as well as Management seats had to be the same. There cannot be two scales of fee, one for the State sponsored seats and one for Management seats. The decision in this regard of the Committee is in line with the judgment of Hon''ble supreme court in TMA Pai Foundation vs. State of Karnataka {(2002) 8 SCC 481}. However, the Committee, which was constituted for this very purpose has taken into consideration all the matters, which were ought to have been taken into consideration and has fixed final fee structure to be paid by the students to be admitted for the academic session 2003-04, 2004-05 and 2005-06. This Court by way of judicial review will not go into the merits of the matters, which has been taken into consideration by the committee constituted for this purpose alone.
Accordingly, we do not find any merits in this writ petition and the same is dismissed.
The arrears which may now have to be paid by the petitioners and other similarly situated students, may be paid in equal instalments convenient to them, within a period of one year.
In the above circumstances, these writ petitions are disposed of with a direction to the respondents-Dental Colleges to strictly adhere to the fee structure as fixed by Justice Bhatnagar''s Committee and notified on 28.7.2005, as far as the petitioners are concerned. In case any of the petitioners has remitted fee in excess of the fee as notified by the Committee, the same shall be refunded to such petitioners within a period of two months from the date of production of a copy of this judgment. The question of interest is left open. Equally, we also make it clear that in case any of the petitioners has not remitted fee as per the fee notified by the Committee, it will be open to the College to collect the same from such petitioners.
The writ petitions are disposed of, so also the pending applications, if any.