- (1.) Heard Sri Amit Jaiswal, leanred counsel for the petitioner and Sri Rakesh Srivastava, learned Standing Counsel on behalf of respondents.
(2.) Sri Amit Jaiswal, learned Counsel for the petitioner, at the outset submits that the controversy which is involved in the present writ petition is already concluded by the decision given by this Court in number of cases namely one of the same is Writ Petition Nos. 5088 (MS) of 2010 Babu Banarsi Das National Institute of Technology and Manag. v. State of U.P. and Anr. in which this Court vide judgment and order dated 27.08.2010 disposed of the writ petition with the following direction: Learned Counsel for the petitioner has pointed out that the guidelines for fixing a fee structure for the private unaided technical educational institutions has been fixed by the Hon'ble Apex Court in the matter of Islamic Academy of Education and Anr. v. State of Karnataka and Ors., 2003 6 SCC 697 and this Court has also dealt with the similar controversy in the case of Smt. Shakuntala Educational & Welfare Society and Ors. v. State of U.P. and Others,2009 3 ESC 1991 (All). It is, therefore, his submission that the petitioners are also entitled for the benefit as contained in paragraph Nos. 20 to 22 and 34 of the judgment. Learned Standing Counsel appearing for the respondents states that it is not necessary to file a counter affidavit and the petition may be disposed of at this stage. The admission and Fee Regulation Committee constituted by the State Government has, therefore, to reconsider the matter in the light of the aforementioned judgment. Accordingly, the writ petition stands disposed of finally at the admission stage itself with the direction that the said committee will call for the record and reconsider the matter in the light of the aforementioned judgment and pass appropriate orders within two weeks from the date of production of certified copy of this order.
(3.) Sri Amit Jaiswal, learned Counsel for the petitioner further submits that in the interest of justice, the present writ petition may also be disposed in terms of the aforesaid judgment. Sri Rakesh Srivastava, learned Standing Counsel has no objection to the said facts.;