B.M.A.S. Engineering College vs State of U.P. and Another

Dilip Gupta, J.—Learned Counsel for the petitioner has pointed out that the guidelines for fixing a fee structure for the private unaided technical educational institution has been fixed by the Hon''ble Apex Court in the matter of Islamic Academy of Education and Another Vs. State of Karnataka and Others, and this Court has also dealt with the similar controversy in the case of Smt. Shakuntala Educational and Welfare Society and Ors. v. State of U.P. and Ors. 2009 (3) ESC 1991. It is, therefore, his submission that the petitioner is also entitled for the benefit as contained in paragraph Nos. 20 to 22 and 34 of the judgment.

Learned Standing Counsel appearing for the respondents states that it is not necessary to file a counter affidavit and the petition may be disposed of at this stage.

The admission and Fee Regulation Committee constituted by the State Government has, therefore, to reconsider the matter in the light of the aforementioned judgment.

Accordingly, the writ petition stands disposed of finally at the admission stage itself with the direction that the said committee will call for the record and reconsider the matter in the light of the aforementioned judgment and pass appropriate orders within two weeks from the date of production of certified copy of this order.