THAKARE VISHNU NAMDEORAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. By consent, rule made returnable forthwith.

(2.) THIS petition has been filed by the students of pharmacy studying in various Pharmacy Colleges in the State of Maharashtra impugning the fees fixed as mentioned in the chart published by the Department of Technical education on their website on 5th October, 2006. A perusal of the impugned chart which is at Exhibit-K to the Petition indicates that the fees as fixed by the Director of Technical education were in respect of 22 Pharmacy Colleges and the fees per term was fixed either at Rs. 1,00,000/- or at Rs. 1,25,000/-, depending on the College. As per the orders passed by the Apex Court in the case of (Islamic Academy of Education and anr. Vs. State of Karnataka and ors.), 2004 (1) Bom. C. R. (S. C.)593 : A. I. R. 2003 S. C. 3724 : J. T. 2003 (7) S. C. 1 : 2003 (6) SCALE 325 : 2003 (6)S. C. C. 697 and in (P. A. Inamdarvs. State of maharashtra), 2005 (5) Bom. C. R. (C. B.) (S. C.)859 : A. I. R. 2005 S. C. 3226 : J. T. 2005 (7) S. C. 313 : 2005 (6) SCALE 471 : 2005 (6) S. C. C. 537, the fixation of fees was required to be done after hearing the affected colleges by a Special Committee which, in maharashtra, is known as the Shikshan shulka Samitee".

(3.) FROM the Affidavit dated 17th April, 2007 filed on behalf of the Shikshan Shulka samitee, it appears that the question of admission into Pharmacy Colleges in maharashtra became the subject-matter of a Public Interest Litigation bearing No. 98 of 2006. On 25th September, 2006, the maharashtra Association of Pharmacy colleges, which claims to have 24 members, out of which 3 are minority colleges, informed the Pravesh Niyantran Samitee, which is the other Samitee dealing with the question of admissions, that it was not possible for them to conduct the Common Entrance Test. In view of this declared inability on the part of the Maharashtra Association of pharmacy Colleges, the Pravesh Niyantran samitee directed the Directorate of Technical education to undertake the admission process and this direction was given on 26th september, 2006. Thereupon, the Directorate of Technical Education fixed fees as mentioned in para (2) hereinabove.