TUSARKANTA PATTNAYAK AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) The above captioned writ petitions challenge the arbitrary action of the opposite party and there being a common question of law involved here are also disposed of by this common order.

(2.) Succinctly, the case of the petitioners in WP(C) No. 25678 of 2014 is that their wards after qualifying in the JEE -2013 got their admissions in the first year MBBS Course in Hi -tech Medical College and Hospital, Bhubaneswar during the Academic Session 2013 -14. According to these petitioners, they were asked to pay fees of Rs. 4,25,000/ - per annum, which they arranged and paid in the first year of admission during the Academic Years 2013 -14 and also in 2014 -15 respectively. The petitioners in writ petition Nos. 25362 of 2014 and 10315 of 2014 reveal that wards of petitioners in WP(C) No. 25362 of 2014 and the petitioners being students in WP(C) No. 10314 of 2014 have got them admitted in the first year MBBS Course in Hi -tech Medical College and Hospital, Bhubaneswar during the session 2014 -15 being qualified in JEE -2014. When they got admission in the first year MBBS Course they were asked to pay of Rs. 4,25,000/ - per annum and accordingly each of them has deposited such amount with the opposite party No. 3.

(3.) It is further alleged inter alia by the petitioners that when they took admission, one undertaking was taken from each of them to the effect that in the event of any increase or decrease of the fees by the Fees Structure Committee duly recommended by the opposite party Nos. 1 and 2, either the fees will be refunded or the petitioners have to deposit differential amount of fees. It will not out of place to mention that the Hon'ble Apex Court in the decision reported in : AIR 2005 (SC) P -3216 P.A. Inamdar v/s. Union of India held that having regard to the larger interest and welfare of the student community to promote merits, achievements, excellence and curb malpractice, it would be permissible to regulate the admission by providing centralized Single Window Procedure which to a large extent can secure grant of merit based admission on transparent basis. Further the Hon'ble Apex Court directed in the judgment reported in : AIR 2003 (SC) P -3724 Islamic Academic Education and Others Vrs. State of Karnatak for formation of two committees, one for monitoring 'Admission Procedure', other for 'Admission Fees Structure' in Professional Educational Institutions. It is the case of the petitioners that as per the said direction of Hon'ble Apex Court the State Government formed Fees Structure Committee by enacting Orissa Professional Education Institutions Regulation of Admission and Fixation of Fees Act, 2007 (hereinafter referred to as 'the Act').