- (1.) The instant petition under Article 226 of the Constitution of India filed by Babu Banarasi Das University, a University created and established under the Babu Banarasi Das University U.P. Act 2010, seeks to challenge the order dated 07.04.2017 passed by the State Government, whereby fee to be charged from each student by the petitioner-University for Master's Degree Course in Dental Science(MDS) for the academic session 2017-2018 has been determined and fixed as Rs. 4,91,700/-.
(2.) Heard Dr. L.P. Mishra, learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and perused the record.
(3.) The basic premise of challenge to the impugned order as espoused by the learned counsel for the petitioner is that the determination of fee to be charged from the students of the petitioner-University could not have been done by passing the impugned order for the reason that the same has been done under the provisions of the U.P. Private Professional Educational Institutions (Regulations of Admission and Fixation of Fee) Act, 2006 (herein after referred to as "Fee Act, 2006") which is not applicable to the petitioner-University and, thus, the impugned order is completely without jurisdiction. It has further been contended by the learned counsel for the petitioner that in respect of the fee to be charged from its students, the petitioner-University has been conferred with the power to do so under Section 7(q) of the Babu Banarasi Das University Act, 2010 (hereinafter referred to as "Babu Banarasi Das University Act") which is a special legislation and as such any determination of fee in this case having been done under the Fee Act, 2006, which a general legislation, would not be lawfull.;