LAWS(HPH)-2021-6-1

MAHARISHI MARKANDESHWAR UNIVERSITY Vs. STATE OF H P

Decided On June 24, 2021
Maharishi Markandeshwar University Appellant
V/S
STATE OF H P Respondents

JUDGEMENT

(1.) Petitioner No.1 is a private university, running petitioner No. 2 medical college. Their proposal, sent on 2.2.2019 seeking fee approval for certain new disciplines of MD/MS in the medical college for academic session 2019-20, was finally approved by the respondent State on 22.4.2020, wherein besides fixing/approving the fee for the already started academic session 2019-20 and for upcoming sessions 2020-21, 2021-22, certain other conditions were also imposed. Four such conditions, including retrospective fixing of fee for academic session 2019-20, are not acceptable to the petitioners. Therefore, they have preferred this petition.

(2.) Facts

(3.) Contentions Ld. Senior Counsel for the petitioners contended that the respondents could not impose upon the petitioners the conditions in the above extracted four clauses, rather the same are per se illegal. Ld. Senior Additional Advocate General argued that the conditions in the impugned clauses are legal, backed by judicial precedents and have been lawfully imposed upon the petitioners by the State.