RADHE SHYAM JAT Vs. STATE OF M P

JUDGEMENT

(1.) Shri Aditya Sanghi, Counsel for the petitioner. SHRI Vijay Pandey, Dy. A.G. for the respondents. Petitioner has sought following reliefs :- It is prayed that the respondents be directed to refund the excess fees charged from the petitioner higher than nominal one chargeable for free seats along with the interest.

(2.) The concept of payment seat which is prevalent in the State of Madhya Pradesh for MBBS course for the batch of 2003-04 in Government Medical College be declared as ultra vires to Article 14 of the Constitution of India and be struck down as unconstitutional.

(3.) We have perused our order dated 23-11-2007 in Deepak Chaturvedi and we find that we have taken the view therein that the right to equality guaranteed under Art. 14 of the Constitution entitled the students to be treated in matters of admission and fees on the basis of merit and this being a fundamental right guaranteed by Art. 14 of the Constitution cannot be waived. In our order dated 23-11-2007 in Deepak Chaturvedi we have also held relying on Unni Krishnan and Institute of Human Resource that the scheme in Unni Krishnan of free seats and payment seats for private professional college was not applicable to colleges financed and controlled by the State Government of M. P. Hence, charging of different sets of fees for 'free seats' and 'payment seats' was not applicable to the G.R. Medical College, Gwalior which is financed and controlled by the State Government of M. P.