HIMALAYAN INSTITUTE HOSPITAL TRUST AND ANOTHER,TRIVENDRA SINGH RAWAT AND ANOTHER Vs. STATE OF UTTARANCHAL & OTHERS,UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) BY means of these three writ petitions, allegedly dis­criminatory special status given to Uttaranchal Forest Hospital Trust Medical College, Haldwani has been challenged, therefore all these writ petitions are taken up together for the purposes of disposal.

(2.) IN writ petition No. 595 (M/B) of 2004, the petitioner, Himalayan Institute Hospital Trust, an unaided medical college, has sought a mandamus directing the re­spondents to permit the petitioner to fill 25% seats as NRI quota as provided to Uttaranchal Forest Hospital Trust Medical College, Haldwani vide impugned letter dated 24th June 2004 (copy Annexure- 2 to WP No, 595 (M/B) of 2004). Same prayer has been made in writ petition No. 599 (M/B) of 2004 in favour of Seema Dental College, Rishikesh, while in writ pe­tition No. 669 (M/B).of 2004, fee struc­ture provided for Uttaranchal Forest Hos­pital Trust Medical College, Haldwani has been challenged.

(3.) IT is alleged in the writ petitions No. 595 (M/B) of 2004 and 599 (M/B) of 2004 that the respondent Nos. 1 and 2 have di­rected the petitioner vide letter dated 9th March 2004 (copy Annexure-1 to this writ petition) to fill seats in their medical col­leges asunder: (a) Out of total 100 seats, 50% seats are required to be filled through U.PM.T/Counselling by the State Government; (b) Balance 50% seats are to be filled by the college but through All India Competitive Examina­tion to be held by the Association of similar type of colleges on merit. It is further alleged that in case of a newly created Uttaranchal Forest Hospital Trust Medical College vide Government let­ter No. 934 (2) 10-1/2004 dated 24.06.2004 the new medical college has been allowed to allot seats as under: (i) Out of 100 seats, 50% seats are to be filled through U.PM.T/counselling by the State Govern­ment; (ii) 25% seats are to be filled through C.PM.T (All India quota); (iii) 25% seats reserved for NRIs. It is further alleged by the petitioner, Himalayan Institute Hospital Trust that as compared to the Forest Hospital Trust Medical College, unlike that college peti­tioner has to make arrangement of his own resources for running the Institute.. Another petitioner, Seema Dental College and Hospital who has filed separate writ petition No. 599 (M/B) of 2004 have also made similar assertions for the similar relief. The third writ petition No. 669 (M/B) of 2004 has been filed by one Trivendra Singh Rawat, an M.L.A., challenging the fixa­tion fee structure for the Forest Hospital Trust Medical College and has sought to quash the Government Orders dated 19.06.2004 and 24.06.2004 (copy Annexure Nos. 1 and 3 to that writ peti­tion). In this writ petition, petitioner, a Member of the Legislative Assembly has alleged that Forest Hospital Trust Medical College, Haldwani is run by the body managed by the Government officers on funds provided by the Government. It is further alleged in the writ petition that almost entire sum in crores of rupees is being spent by the Government on this medical college as such not only the quota of NRI in such a Institute is alleged to be unconstitutional but also the fee structure provided for this Institute has been alleged to be illegal and arbitrary. As per para 21 of this writ petition (WP 669 (M/B) of 2004) the fee structure per year for Forest Hospital Trust Medical College is as under: (a) for Govt. quota seats: Rs. 1,50,000/- as tution fee (b) for All India quota: Rs. 3,00,000­ (c) for NRI : US $ 10000 (approx. Rs. 5 lakhs)