ANKUR AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BOTH these petitions (W.P. Nos. 848/2000 and 913/2000) have been heard as connected matters as common question of law, as extracted below, is involved in both these petitions :Question involved :-

(2.) The Government of Madhya Pradesh has created 10 payment/NRI (Non-resident Indians) seats for admission to MBBS course in each State owned Medical Colleges at Bhopal, Indore, Jabalpur, Gwalior and Rewa. The State Government has framed Rules to regulate admissions on these seats entitled : "Rules for Admission to MBBS Course in Medical Colleges of the State of Madhya Pradesh to Payment and NRI Seats (for short, 'the Rules'). The Rules provide for payment of institutional fee at the rate of Rs. 1.1 lacs per annum (for 12 months) for payment seat and US $ 15,000 per annum for NRI seat. It is further provided that the institutional fee payable by the candidates admitted against these seats shall be paid in full, at the time of admission, for the entire duration of 41/2 years MBBS course. Petitioners who have been admitted against NRI seats in M.G.M. Medical College, Indore, were asked to deposit the fees in lump sum, as aforesaid. It is this demand which is being called in question in these two petitions.

(3.) Petitioners have assailed the demand as arbitrary and unreasonable. It is submitted that the demand is violaive of their fundamental right of education.Respondents have supported the impugned demand and it is contended that the demand is made in accordance with the Rules of admission framed by the State Government. It is submitted that the petitioners having accepted the Rules and applied for admission cannot now be permitted to contest the demand which is in conformity with the Rules.