SUDIEP SHRIVASTSVS Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2005-9-24
HIGH COURT OF CHHATTISGARH
Decided on September 23,2005

Sudiep Shrivastsvs Appellant
VERSUS
STATE OF CHHATTISGARH Respondents

JUDGEMENT

- (1.) W. P. No. 3642 of 2004 is a Public Interest Litigation (PIL) filed by a practising Advocate at Bilaspur and a journalist and social activist and the other petitions are writ petitions filed by individual students challenging the decision of the Chhattisgarh Institute of Medical Sciences and Guru Ghasidas University, Bikalpur to charge fees of Rs. 34,500/- and Rs. 2,50,000/- per student admitted into the free seats and payment seats respectively in the M.B.B.S. degree course of the Chhattisgarh Institute of Medical Science, Bikalpur.
(2.) The facts briefly are that the State of Chhattisgarh was formed w.e.f. 1-11-2000 by the M. P. Reorganisation Act, 2000. In the newly formed State of Chhattisgarh, there was only one medical college at Raipur with only 100 seats for the M.B.B.S. course. A second medical college in the State of Chhattisgarh was, therefore, though necessary in the public interest to meet the deficiency of qualified medical personnel in the State and to improve the availability of medical manpower in the State. Accordingly, pursuant to an earlier resolution of the Planning and Evolution Board of the Guru Ghasidas University, Bilaspur (for short "the University"), the State Government and the University entered into a Memorandum of Understanding on 18th January, 2002 to establish a second medical college in the State of Chhattisgarh to be called the Chhattisgarh Institute of Medical Sciences (for short "CIMS"). Under the said Memorandum of Understanding (for short "the MOU"), CIMS was to be established, owned and managed by the University and for establishment of CIMS, the State Government was to provide the Sardar Vallabh Bhai Patel Government Hospital, Bilaspur 467 beds, and with all its facilities and staff as well as land measuring 25 acres in and around the said hospital along with the assets and CIMS was to be a joint venture of the University and the State Government. The MOU further provided that the existing facilities of medical equipment of the said hospital shall be available, extended and upgraded for the use of the students of the proposed CIMS for fulfilling the terms and conditions of the Medical Council of India. After the MOU, the State Government has provided to CIMS the funds and financial support towards nonrecurring expenditure on all necessary infrastructure comprising of building, equipment, books and furniture but the recurring expenditure on qualified doctors and other staff are being met by CIMS out of the fees recovered from the students admitted to the different medical courses in CIMS. For meeting such recurring expenditure, out of the 100 seats on the MBBS course, CIMS started collecting in the year 2001 Rs. 29,5000/- per year per student for the first 50 free seats and Rs. 1,44,000/- per year for the remaining 50 payment seats including 15 seats for Non-resident Indians (NRI) and further Rs. 15 lakhs in the first year and Rs. 10 lakhs for the remaining years from Non-resident Indian students on yearly basis. Since Non-resident Indian students were not available for admission, the decision for collecting these additional amounts of Rs. 15 lakhs and Rs. 10 lakhs from Nonresident Indian students was given up and with effect from 2002-2003 fee against all payment seats was enhanced to Rs. 2,50,000/- per year. The rules for admission to the MBBS course for the session 2004-2005 were framed and approved by the Executive Council of the University providing, inter alia, for fees of Rs. 34,500/- per academic session for free seats (Government quota seats) and Rs. 2,50,000/- per academic session for payment seats (management quota) for the academic session 2004-2005. Statute No. 35 was also amended on 2-1-2004 providing for fees of Rs. 34,500/-per year from a student admitted to the MBBS course in the free seat and Rs. 2,50,000/- from a student admitted to the MBBS course against a management seat of CIMS. Aggrieved by the aforesaid decisions of the authorities of the University and the CIMS, the petitioner has filed this writ petition under Article 226 of the Constitution of India praying for quashing the decision of the authorities of CIMS and the University to admit candidates in CIMS in the MBBS course against payment seats by recovering fees of Rs. 25 lakhs per annum per student and for directing the authorities of CIMS and the University to admit candidates who have secured more and better marks than the students admitted against the payment seats in the MBBS course of CIMS on the basis of the results of the Pre-Medical Test held by the State of Chhattisgarh for the academic session 2004-2005.
(3.) A preliminary objection was raised by Mr. Manindra Shrivastava learned counsel appearing for CIMS and the University that no prayer has been made in any of the writ petitions for quashing the rules for admission to the MBBS course and Statute No. 35 under which fees of Rs. 34,500/- per year per student for admission to the MBBS course in a free seat and the fees of Rs. 2,50,000/- per student for admission to the MBBS course against a management seat of CIMS are fixed. We would have granted time to the petitioners to amend the petitions and add a prayer for quashing the rules for admission and Statute No. 35 under which the aforesaid fees of Rs. 34,500/- for admission to free seats and Rs. 2,50,000/-for admission to the payment seats have been fixed. But grant of such time would have unnecessarily delayed the hearing and disposal of these writ petitions which need to be disposed of at the earliest in the interest of the students as well as the CIMS and the University. Moreover, the law is well settled that the Court has ample powers to mould the appropriate relief in any given case and for this reason we are not accepting the aforesaid technical plea raised by Mr. Shrivastava and instead proceed to dispose of the matter.;


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