YOGESH SINGH KAURAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order shall decide W.P.No.2324/08-Yagesh Singh Kaurav Vs. State of M.P. others and W.P.No.2325/08-Akhilesh Patel Vs. State of M.P. others, in which the controversy involved is same. Petitioners have sought following reliefs:- "1. Direct the respondent to charge Rs.35,000/- per annum for the M.B.B.S. Course from the petitioner by way of issuance of a writ in the nature of Mandamus or any other appropriate writ.

(2.) DIRECT the respondent to refund the amount collected in excess to the "free" seat fee of Rs.35,000/- per annum for the M.B.B.S. Course from the petitioner by way of issuance of a writ in the nature of Mandamus or any other appropriate writ.

(3.) WE have perused our order dated 23.11.2007 in Deepak Chaturvedi (supra) 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 frees 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 (supra) we have also held relying on Unni Krishnan and Institute of Human Resource (supra) 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. 3 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.