SURYA KANT OJHA Vs. STATE OF U P

JUDGEMENT

(1.) BY this writ petition all the petitioners who have been adjusted in and are taking education in the State Medical Colleges in U.P., have prayed for a direction to quash the orders dated 8 -1 -2003 and 16 -1 -2003 passed by the State Government by which they have been required to pay the fees as per their selection on paid seats, at the rate of Rs. 1,26,500/ -per year as against Rs. 14,950/ -paid by the students, who are admitted through competition.

(2.) ALL the petitioners were admitted to the Medical College, Azamgarh, established by All India Children Care and Educational Development Society. The College was de -recognition by the Central Government. The petitioners filed writ petitions and lost before this Court. The matter thereafter went up to Supreme Court. In Special Leave to Appeal (CC) 2478 -99 of 1999 filed by Union of India v. All India Children Care Development Society and Anr., an interim order was passed directing the Society to admit only upto 50 students. A writ petition No. 8 of 2001 was filed by Ashish Pratap Singh and Anr. v. Union of India and Ors., with the averments that they have appeared and cleared the first professional examination held in the year 2000. When they joined the second professional, the teachers were not available for taking the practical classes. In Civil Appeal No. 3237 of 1999 directions were issued by the Supreme Court that if the college does not come up to the standards fixed under the 1999 Regulations, the Supreme Court will consider the closure of the college and pass appropriate orders with regard to absorption of the students in other college of Uttar Pradesh. The Medical Council of India and the concerned Directorate of Medical Education were required, on an application, to initiate necessary steps to accommodate these students who had passed the first professional examination in State Medical Colleges. Taking into account the recommendations, the Supreme Court passed the following orders on 19 -12 -2002:

(3.) IN this writ petition by interim orders dated 2 -12 -2003 and 18 -12 -2003 respondents were required to file counter -affidavit and that for limited period, the petitioners were permitted to deposit the fees payable for free seats applicable to the State Medical College.