VIVEK KHARE Vs. STATE OF MP

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India against the demand and recovery of higher fees from him for the MBBS course to which he was admitted.

(2.) The relevant facts briefly are that by the Gazette Notification dated 8.5.2003 of the State Government, the seats in Government Medical Colleges were divided into three categories for the purposes of fees and these were 'free seats' for which tuition fees of Rs. 3 5,000.00 per annum was payable, 'payment seats' for v hich tuition fees Rs. 1,50,000.00 per annum was payable and NRI seats for which tuition fees Rs. 10,000 US $ per annum. The petitioner appealed in the pre-medical test as a general category candidate for admission to the MBBS course in the Medical Colleges in the State of Madhya Pradesh and secured 994.64 marks out of 1200 and he was allotted a 'payment seat' in the Government Medical colleges at the time of counselling on 14.7.2003. Accordingly, the petitioner was admitted in the 'payment seat' for MBBS course in Gandhi Medical College, Bhopal. Consequently, he has been paying a tuition fee Rs. 1,50,000.00 per annum in the MBBS course.

(3.) The petitioner's case is that on the basis of his merit position, he was entitled to get admission to a' free seat' and he was liable for only tuition fee Rs. 35,000.00 per annum instead of tuition fee Rs. 1,50,000.00 per annum. The counsel for the petitioner has prayed for a direction to the respondents to charge Rs. 35,000.00 per annum for the MBBS course from the petitioner and to refund the excess amount already collected from the petitioner every year for the MBBS course.