O.P.Garg, J. - (1.) The petitioner-Dharmendra Narain Dwivedi, with roll number 47,000, appeared as a general candidate in Combined Pre-Medical Test (for short 'C.P.M.T.') of 1997 conducted by Chatrapati Sahuji Maharaj University, Kanpur. He was successful in the 'C.P.M.T. examination and was placed at Sl. No. 710 in the merit list. The petitioner appeared in counselling and thereafter he was selected for admission to Bachelor in Dental Surgeon (B.D.S.) course against a free seal and was allotted Rama Dental College Hospital, respondent No. 4--a private medical college, for admission. An order to this effect was issued by the Registrar of the University which conducted the C.P.M.T. examination, 1997. which is Annexure-1 to the writ petition. The petitioner was also informed that he has been allotted a free seat of 01 category. In order to take admission, the petitioner went to respondent No. 4 and deposited a sum of Rs. 500 as fee for Royal Society of Educational Academy on 8.9.1997. As a candidate selected against free seat, the petitioner was required to deposit Rs. 15,000 per year as capitation fee which amount was further reduced to Rs. 8.000 by the order of the Director General of Medical Education, Lucknow, as applicable to the free seats of Private Medical Colleges. The petitioner was not admitted on the normal fee, which was to be charged from a candidate selected on a free seat but was required to deposit Rs. 4,24,000 within a month excluding Rs. 51,000 as hostel expenses. The petitioner being a person of meagre means was not in a position to fulfil the aforesaid unreasonable demand which virtually amounted to extortion. He ran from pillar to post with request to get him admitted in the Medical College, aforesaid, on payment of charges as are permissible for a free seat. All his efforts proved futile. The grievance of the petitioner is that he was selected for the B.D.S. course on merit and though he is entitled for admission on a free seat, he could not be required to pay the prohibitive amount of Rs. 4.24,000 as under then existing fee structure, he was to pay Rs. 15,000 per year besides other charges.
(2.) By means of this writ petition, under Article 226 of the Constitution, the petitioner has prayed that the respondents, particularly, respondent No. 4 be commanded to admit him for B.D.S. course and charge Rs. 15,000 per year as prescribed by the State Government and that the respondent Nos. 1 and 2 be directed to give admission to the petitioner in any State Medical Colleges after recounselling.
(3.) A counter-affidavit has been filed by Sri B. S. Kushwaha. Chairman/Director, Rama Dental College Hospital, respondent No. 4. The fact that sums of Rs. 4,24,000 as well as Rs. 51,000 were demanded has been totally denied and it is asserted that the petitioner was never asked to deposit the fee excessive than as was required to be paid as per rules. Rejoinder-affidavit and supplementary counter-affidavits have also been filed. Heard Sri R. S. Misra, learned counsel for the petitioner and Sri P. N. Saxena for respondent No. 4 and learned standing counsel on behalf of the respondent No. 1 and Sri J. N. Varma for respondent Nos. 2 and 3.;