DEEPAK CHATURVEDI Vs. STATE OF MP

JUDGEMENT

(1.) THE question, which arises in the decision of this writ petition, is whether a medical college, which is financed and controlled by the Government, can charge higher fees for payment seats from students admitted to its MBBS course.

(2.) THE relevant facts briefly are that the petitioner appeared in the Pre-Medical entrance Examination, 2003 and secured 991. 39 marks out of 1200 marks and his name was placed in the merit list at serial number 280 in the category of general category students. On the basis of his position in the merit list, he was offered a free seat in MBBS course in R. D. Gardi Medical College, Ujjain (respondent No. 3), which is a private medical college, but the petitioner chose G. M. R. C. Medical College, Gwalior (respondent No. 4), which was Government College, and was granted admission in the respondent No. 4, College. The petitioner's grievance in this writ petition is that respondent No. 4, College, is claiming fees of Rs. 1,50,000/- from the petitioner on the ground that the petitioner has been admitted to a payment seat, whereas respondent No. 4, College, has been charging fee of Rs. 35,000/- from those students who have been admitted to free seats.

(3.) MR. Sanghi, learned counsel for the petitioner, submitted that the petitioner was selected for a free seat on the basis of his position in the merit list and, therefore, he is liable to pay the fees for a free seat. Alternatively, he submitted that respondent No. 4, being a college financed and controlled by the State Government, is not entitled to charge higher fees for payment seats and can only charge the fees payable for free seats. Mr. Kumaresh Pathak, learned Deputy Advocate General for the State, on the other hand, submitted that the petitioner had been offered a free seat in respondent No. 3 College, but he opted for admission in a payment seat in respondent No. 4 College, and, at this stage, he cannot be allowed to say that he will not be liable for fees applicable to a payment seat.