YAGYA DUTT MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) This is a petition for issuing a writ in the nature of crtiorari quashing the impugned notice dated 11.7.2004'contained in Annexure No. 8 to the writ petition and for issuing a writ in the nature of mandamus commanding the opposite parties to collect the fees which they were charging in the previous year.

(2.) The petitioners are the students of MCA and MBA courses in Northern India Engineering College, Lucknow after being declared successful in the Entrance Test through Uttar Pradesh Management Combined Admission Test (hereinafter referred to UPMACT), 2003. The petitioners deposited Rs. 33,120/- including tuition fee, admission fee, development fee, security fee, Insurance fee etc. According to the Information Brochure, the fee structure is subject to change as per the directions of the U. P. Government in the academic year 2003-2004. The opposite parties issued a demand notice dated 12.9.2003 to all the students of MCA and MBA and they were required to deposit to Rs. 30,750 for the academic year 2003-2004. It is Annexure No. 3 to the writ petition. It is alleged that by means of Writ Petition No. 29756 of 2003 the Government Order dated 2.7.2003 (Annexure No. 4) was stayed in it was permitted to the institution to collect the fee, which they were charging in the previous year. The Government Order dated 2.7.2003 was issued in pursuance of the judgment of the Supreme Court dated 31.10.2002 in T. M. A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481. In this Government Order an amount of Rs. 19,000/- per year per student was fixed. Writ Petition No, 29756 of 2003 was filed by Welfare Association of Self Financed Institution in which the operation of the Government's Order dated 2.7.2003 was stayed and the educational institutions were permitted to collect the fee, which they were charging in the previous year. It is alleged that the judgment of this Court (Annexure No. 5) was mis-interpreted by the opposite parties while the opposite parties were permitted to charge the fee, which they were charging in the previous year. The opposite party No. 3 Northern India Engineering College filed a Writ Petition No. 3590 (M/S) of 2003 and the interim order passed in this writ petition is Annexure No. 6. this writ petition was filed by only four students and as directed in that writ petition, a sum of Rs. 7000/was taken from every student as remaining amount due as per general order. The Special Appeal No. 414 of 2003 filed against that order was dismissed. The petitioners were served the impugned notice dated 11.7.2004 demanding a sum of Rs. 98,520/- as a fee for second year of MCA course which was to be deposited before 18.8.2004. The case of the petitioners is that the students who had filed Writ Petition No. 3590 (M/S) of 2003 are being demanded to pay an amount of Rs. 31,020/- as fees for MCA IInd year and all other students who did not file Writ Petition No. 3590 (M/S) of 2003 arc being demanded to pay Rs. 98,520/- as fees for MCA IInd year while at the time of admission the fee prescribed by the University was of Rs. 19,000/- According to the petitioner the tec has been increased by 58%. The fees should not be enhanced in such a way and the students should be permitted to deposit the fee, which was conveyed to them at the time of admission.

(3.) The impugned notice dated 11.7.2004 is Annexure No. 8 to this petition. It is a notice demanding the enhanced fee to Vivek Singh Bhadauria, one of the petitioners.