B N VIJAY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE writ petitions are filed by the students of medical and dental courses of various colleges in the State of Karnataka and also the Karnataka Private Medical Colleges Association, for a declaration that the communication bearing No. 18018/35/97-ME (P), dated 26-3-1999 issued by the Government of India, Ministry of Health and Family Welfare, is illegal and unenforceable and for a further direction to the Government of India to reconsider the fixation of fee in place of the impugned Government of India order dated 26-3-1999. In addition to quashing the government of India order dated 26-3-1999, in all these writ petitions, some of the writ petitions filed on behalf of payment category students also pray for a declaration that the definition of 'free seat' as given in Regulation 3 (f) of the Medical Council of India Regulations, notified on 21-12-1994, is discriminatory and violative of Article 14 of the Constitution of India.

(2.) THOUGH, in these writ petitions, the main prayer is to quash the impugned communication, stated supra, in some of the writ petitions certain prayers adjunct to the main relief are also sought for. A broad categorisation of the cases in terms of the various reliefs sought for is made so that, it would facilitate immediate and easy reference. The cases where the only prayer is for quashing of fee structure are, W. P. Nos. 45031 to 45342 of 1999, 22775 to 22782 of 1999, 23391 to 23409 of 1999, 31361 to 31363 of 1999, 31953 to 31954 of 1999, 22405 to 22431 of 1999, 22214 to 22222 of 1999, 21141 to 21473 of 1999, 19961 to 20018 of 1999, 42972 of 1999 and 20725 to 20738 of 1999; the cases where quashing of fee structure along with refund is sought for are W. P. Nos. 8231 and 8232 of 1999 and 21821 to 21867 of 1999; cases where quashing of fee structure and quashing of notices issued in pursuance of the fee structure for payment of the balance of fees sought for are, W. P. Nos. 22298 and 22299 of 1999, 27514 to 27516 of 1999, 23967 to 23991 of 1999; cases where quashing of fee structure and quashing of notice issued for payment of enhanced fee along with the plea of refund is sought for are 27339 of 1999, 4226 to 4232 of 2000; cases where fee structure and its applicability is challenged are 24708 to 24739 of 1999, 30154 to 30178 of 1999, 44282 to 44330 of 1999, 2g700 to 26707 of 1999; cases where fee structure is challenged with a prayer for refixation of the fee structure are 25406 of 1999, 24143 to 24188 of 1999, 30369 of 1999 and in W. P. No. 23026 to 23028 of 1999 fee structure is challenged with other reliefs. In addition to the above writ petitions, the Karnataka Private medical Colleges Association has also filed W. P. No. 39717 of 1999. W. P. No. 4256 of 2000 is by the M. R. Medical College and the H. K. E. Society.

(3.) IN order to briefly narrate the facts of the case, I deem it necessary to extract the relevant facts from the W. P. Nos. 24708 to 24739 of 1999 Since common questions of fact and law arise in all these writ petitions, they have been clubbed together and the common order is passed.