JASMANDEEP SINGH AND OTHERS Vs. STATE OF PUNJAB THROUGH SECRETARY, DEPARTMENT OF MEDICAL EDUCATION & RESEARCH, (HEALTH III BRANCH), PUNJAB, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India seeks issuance of appropriate direction to the respondents to charge the fee from the petitioners as prescribed by the Government of India vide its notification dated May 16, 1997 and as approved by the Government of Punjab. A further prayer has been made that although the petitioners were admitted in the session 1997-98, the fee prescribed for the candidates admitted in the session 1998-99 should be charged from them as the notification issued by the Government of India on May 16, 1997 has been made applicable from the session 1997-98. The consequential relief sought is that the amount already paid by the petitioners be refunded back to them.

(2.) Facts in brief unfolded in this petition are that the petitioners were admitted in BDS course at Sri Guru Ram Dass Institute of Dental Sciences & Research-respondent No. 4 in the session 1997-98. Petitioner Nos. 1 to 15 were admitted against payment seats whereas petitioner Nos. 16 to 36 were admitted against free seats. All the petitioners were asked by respondent No. 4 to deposit an amount of Rs. 1.00 lac as security. In addition, petitioners admitted against payment seats were asked to deposit an annual fee of Rs. 1.00 lac and those who were admitted against free seats were asked to deposit Rs. 43,000/- for the sessions 1997-98. Accordingly, the petitioners had deposited the amount of security and the annual college fee as is evident from Annexure P-1/I to P-1/IV.

(3.) Petitioners claim that as per Clause 8(b) of the Dental Council of India (Norms and Guidelines for Fees and Guidelines for Admission in Dental Colleges) Regulations, 1994 (for brevity Regulations 1994), fee payable in respect of payment seats even in private dental colleges has to be fixed by Government of India from time to time. It has been further provided that the fee structure fixed by the Government of India is binding on the following institutions : (a) Dental Colleges established and/or run by private educational institutions; (b) Such other dental colleges to which these regulations have been made applicable by the Government or by recognising and/or affiliating authority. According to the petitioners, a notification dated May 16, 1997 under Clause 8(b) of the Regulations 1994 fixing the upper limits of fee for payment seats and free seats was issued. According to that notification, an amount of Rs. 75,000/- is payable by a candidate getting admission in BDS course as fee for payments seats, out of which Rs. 10,000/- p.a. would be paid back to the Government/authority running the hospital utilised by such dental college. For free seats, an amount of Rs. 8,000/- p.a. was prescribed. The afore-mentioned fee norms was to be valid for a period of three years from the academic session 1997-98. It has further been asserted that the State level Committees set up by respective States/UTs were to fix the actual fee to be levied within the minimum and maximum limits prescribed by the notification dated May 16, 1997 issued by the Government of India (Annexure P-2). The petitioners have further asserted that the respondent State constituted a State Committee comprising of Principal Secretary, Medical Education and Research, Government of Punjab, Director, Research and Medical Education. The Vice Chancellor, Guru Nanak Dev University, Amritsar, was appointed the third member who was to act as a Chairman. The Committee made its recommendations which have been accepted on August 7, 1998 by the Government fixing Rs. 75,000/- p.a. for payment seats and Rs. 8,000/- p.a. for free seats.