PRIYANKA Vs. STATE OF M P

JUDGEMENT

(1.) In this batch of writ petitions, we are called upon to decide the fees payable by students admitted to free seats in MBBS and BDS courses in private Medical and Dental Colleges in the State of Madhya Pradesh during the academic year 2003-2004.

(2.) The relevant facts brieily are that the Professional Examination Board set up by the Government of Madhya Pradesh conducted the Common entrance Examination, known as "PMT 2003", for admissions to the MBBS and BDS courses in private Medical and Denial Colleges in the State of Madhya Pradesh for the academic year 2003-2004. The Government of Madhya Pradesh in the Medical Education Department issued orders on 3-7-2003 fixing the fees for free seats, payment seals and NRI seats in private Medical and Dental Colleges in MBBS and BDS courses at Rs. 38,500/-, Rs. 1,65,000/- and $12.000/- respectively. Accordingly, call letters were issued to the students for counselling mentioning fees for admission to free seats in MBBS and BDS courses in the academic year 2003-2004 in private Medical and Dental Colleges in Madhya Pradesh as Rs. 38, 500/- per annum. Pursuant to the call letters, counselling took place and the students who opted for admissions to MBBS/BDS courses in private Medical and Dental Colleges were allotted seats in private Medical or Dental Colleges. On 9-9-2003, the Government of Madhya Pradesh in the Medical Education Department again issued an order/public notice in the newspapers that for admissions made on the basis of PMT 2003 to MBBS and BDS courses in private Medical and Dental Colleges, the fees for free seats are Rs. 38,500/- per annum, the fees for payment seats are Rs. 1,65,000/- per annum and the fees for NRI seats are 12,000 dollars per annum. The managements of private Medical and Dental Colleges, on the other hand, claimed that they were entitled to fix the fees for students admitted to their colleges as per the law declared by the Supreme Court in T. M. A. Pai Foundation and others v. State of Karnataka and others ((2002) 8 SCC 481 : (AIR 2003 SC 355).

(3.) Thus, disputes arose regarding the fees payable by students admitted to the free seats in MBBS and BDS courses in private Medical and Dental Colleges in the State of M. P. during 2003-2004. Writ Petition Nos. 27726 of 2003, 27729 of 2003 and 27735 of 2003 have been filed by the students contending that the students admitted to the free seats in the MBBS or Dental Course in the private Medical/Dental Colleges in the State of M. P. during the academic year 2003-2004 are liable to pay only Rs. 38,500/- as fixed by the Government in the orders dated 3-7-2003 and 9-9-2003. On the other hand, Writ Petition Nos. 27727 of 2003. 27728 of 2003 and 219 of 2005 have been filed by the managements of the private Medical and Dental Colleges challenging the orders of the State Government dated 3-7-2003 and 9-9-2003 fixing the fees of Rs. 38,500/- per annum for students admitted to free seats in private colleges in the State of M. P. as contrary to the judgment of the Supreme Court in T. M. A. Pai Foundation (AIR 2003 SC 355) (supra).