SAHIL BHARGAVA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The dispute in the present case relates to the fixation of the fee for the undergraduate medical degree course offered by a college in the State of Uttarakhand. The petitioners are students who were granted admission in 2018 to the undergraduate medical degree course administered by the third respondent - Shri Guru Ram Rai Institute of Medical and Health Sciences College. The students completed the course in 2023. The second respondent is the Shri Guru Ram Rai University, a university governed by an Act of the state legislature,Shri Guru Ram Rai University Act 2016, Uttarakhand Act No. 03 of 2017 of which the third respondent is a constituent college.

(2.) The state legislature enacted the Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act in 2006. The Act applies to "unaided private professional educational institutions in the state which are affiliated to state-funded universities, councils, boards or other bodies established under law, excluding minority institutions".(S.2, Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission & Fixation of Fee) Act.) The Act establishes an 'Admission and Fee Regulatory Committee', which inter alia determines the fees for admission to professional courses of private institutions(S.4, Ibid.). The Act also provides for the constitution of an appellate authority to hear appeals against the orders of the Admission and Fee Regulatory Committee(S.12, Ibid).

(3.) On 4/4/2018, a nodal agency appointed by the State Government prescribed the fee structure for the undergraduate medical courses of seven medical colleges, including the third respondent. The fee structure as posted by the nodal agency on their website (Annexure P-2) prescribed a fee of rupees four lakhs for State quota seats and rupees five lakhs for the All India quota seats.