- (1.) Application for impleadment is dismissed.
(2.) These IAs relate to the charge of admission fees from students who are undergoing the MBBS course in Mahatma Gandhi Mission Medical College, Aurangabad in the State of Maharashtra. The grievance of the applicants is that they being non-Maharashtra students, are being required to pay double the fees charged from students belonging to the State of Maharashtra and this is in contravention of the directions that have been given from time to time by this court in the matter of charging of fees for medical courses in WP No. 317 of 1993. Last such order on which reliance has been placed by the applicants is the order dated 9/8/1996, whereby this court clearly indicated that the fees mentioned in the said order would apply to the States including the State of Maharashtra.
(3.) Counter-affidavits have been filed on behalf of the State of Maharashtra as well as on behalf of the college concerned. In the counter-affidavit of Mrs. Snehal Suresh Gokhale filed on behalf of the State of Maharashtra it is stated that after the passing of the order dated 9/8/1996 the State government has issued a circular dated 11/9/1996 directing that the fees for the MBBS/bds courses shall be charged as per the judgment of this court dated 10/5/1996 and it is not permissible for the college concerned to charge double the fees from students belonging to the States other than the State of Maharashtra. In the counter-affidavit filed by Kamal Kishore Kadam on behalf of Mahatma Gandhi Mission Medical College, reliance has been placed on the earlier government order dated 17/6/1992 as well as the government resolution dated 9/6/1994. It has been submitted that by the order dated 17/6/1992 the government has permitted the college to charge double the fees fixed for students belonging to Maharashtra in respect of students belonging to the States other than the State of Maharashtra and the said position was reiterated in the government resolution dated 9/6/1994 and on that basis the college is demanding double the fees from the students belonging to the States other than the State of Maharashtra. It has also beensubmitted that the government order dated 9/6/1992 was upheld by this court in Unni Krishnan, J. P. v. State of A. P.;