- (1.) THIS is a bunch of writ petitions filed by private unaided institutions, who are imparting instructions to B.Ed. course for enhancement of the fee as against the one fixed by the State Government. In some cases fee relates to academic session 2007-08 and in some cases 2008-09 and 2010-11, as the academic session 2009-10 was declared as zero session.
(2.) THE fee as determined by the State Government was Rs. 30,529/- per academic session, whereas challenge was made to the said determination calling it to be very low and asserting that the fee should be fixed at least to the tune of Rs. 50,000/- per annum. Certain other grievances were raised and challenge to various provisions of the Act was also made regarding competence of the State Government to fix the fee. Counsel for the parties have produced before us, a government order dated 24.6.2011, by means of which the fee for academic session 2010-11 has been fixed as Rs. 50,000/- with a provision of 12% increase every year as against the already determined fee to the tune of Rs. 30529/-. The aforesaid Government order says that this benefit of enhanced fee would be available only to the petitioners who have approached the High Court and not to other institutions. The decision so taken has been communicated by the State Government to the Principal Secretary, Samaj Kalyan Department for reimbursement of fee.
(3.) COUNSEL for the petitioners as well as for the Universities, say that the controversy now stands resolved so far the present petitioners are concerned as the government itself has increased the fee to Rs. 50,000/- with an increase of 12% per year and, therefore, the petitions have become infructuous. Sri Saurabh Lavania appearing for the State, however, submits that the government order aforesaid appears to have been issued in pursuance of the interim direction issued by this Court in various writ petitions and, therefore, it is a fee determined as per the directives issued by this Court, which would be dependant upon the final decision in the writ petitions.;