- (1.) Heard Sri Ashok Khare learned senior counsel for the petitioners and Sri Neeraj Tiwari learned counsel for the respondent Nos. 2 and 3 and the learned standing counsel for the respondent No. 1. This petition has been filed praying for quashing of the office memo issued by the University dated 5.3.2011, fixing the examination fee for regular students of self-financed colleges on the ground that the said office memo is discriminatory as against aided colleges.
(2.) In effect the higher examination fee charged from the petitioners institution which are self-financed institutions have been challenged on the ground of discrimination.
(3.) The matter had been adjourned on several occasions and as an interim measure this Court had passed the following interim order on 13.2.2012: The petitioner is a college running the self-finance course. Learned counsel for the petitioner submitted that for the Sessions 2009-10 and 2010-11, the examination fee of the Government aided college and the self-finance course college were same. However, for the Session 2011-12, the University has fixed the examination fee for the students of the self-finance course almost three times of the examination fee fixed for the students of Government aided college. He submitted that for holding the examination of the students of self-finance course, no extra service are being rendered and, therefore, the fixation of separate and exorbitant examination fee is hit by the principal of quid pro. Sri Neeraj Tiwari, learned counsel for the respondent submitted that the University is reviewing the fixation of the fees and the matter has been referred to the Finance Committee. In the meeting of the Executive Council dated 20th January, 2012, it has been resolved to reduce the fees and the matter has been referred to the Finance Committee. The meeting of the Finance Committee will be held any time in the month of March, 2012. In view of the above, the petitioner is entitled for an interim relief. Let the students of the petitioner-institute may be allowed to appear in the examination on payment of fee fixed for the students of Government aided college. The same shall be subject to the decision of the Finance Committee and the decision of this Court.;