DEVEL SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner Nos. 1 to 44 in this petition have been admitted to R.D. Gardi Medical College, Ujjain (fourth respondent) to M.B.B.S. Course during academic year 2003 -2004. Each of them claims to have paid a sum of Rs. 4,28,000/ -(towards fee, caution money and other charges) at the time of admission to the M.B.B.S. Course, to the fourth respondent College.

(2.) THE Committee for fixation of fee for professional Institutions has passed an order fixing the annual fee for admission to fourth respondent College as follows : - - Description Fee per annumTuition Fee : Rs. 1,64,000/ -Student Fund : Rs. 1,000/ -Caution Money : Rs. 25,000/ -Deposit for College(Refundable)Hostel Fees : Rs. 6,000/ -Caution Money (Hostel) : Rs. 1,200/ -(Refundable) The petitioners contend that the amount received in excess should be refunded to them. As it was not refunded, the petitioners have filed this petition seeking a direction to the fourth respondent not to charge fee in excess what has been fixed by the Fee Fixation Committee and for refund of the excess amount charged (or for adjustment thereof towards tuition fee for subsequent year). They have also sought direction to the State to monitor the fee structure for session year 2004 -2005 and subsequent year also.

(3.) THE petitioners agree that the petition may be disposed of on the terms agreed subject to their right to claim further refund, if the Fee Fixation Committee or the Supreme Court reduces the fee fixed by the Committee.