- (1.) This order will dispose of 29 writ petitions mentioned above involving questions relating to validity of regulation of fee fixation and admissions in medical colleges as follows: I) CWP Nos. 18675 of 2003, 1792, 7146, 13259 of 2004, 16153, 17752, 17905, 18349, 18394, 18478, 19339 and 19364 of 2005 have been filed by students challenging demand of fee higher than the fee approved for the Academic Sessions 2003-04, 2004-05 and 2005-06 by the Fee Fixation Committee (FFC) constituted by the State of Punjab as per directions in the judgment of the Hon'ble Supreme Court in Islamic Academy of Education and Anr. v. State of Karnataka and Ors., 2003 6 SCC 697, as reiterated in P.A. Inamdar and Ors. v. State of Maharashtra and Ors., 2005 6 SCC 537. CWP No. 6808 of 2008 has been filed by 20 students of Dayanand Medical College, Ludhiana of the PGET 2000 batch seeking direction for release of MD/MS degree and detail marks certificates which has been contested on the ground that the Petitioners have not paid the due fee. II) CWP Nos. 12013 of 2003, 19667, 19895 and 19929 of 2005 have been filed by medical colleges challenging rate of fee fixed as per interim report dated 17.7.2004 and final report dated 8.7.2005 by the said FFC as being violative of their fundamental right under Article 19(1)(g) of the Constitution. III) CWP Nos. 294, 2720, 2946, 3037, 3671 of 2008 and 12044 of 2010 have been filed by the students challenging fixation of fee by the State of Punjab as per provisions of the Punjab Private Health Sciences Educational Institutions (Regulation of Admission, fixation of fee and making of reservation) Act, 2006 ('2006 Act') while IV) CWP Nos. 7556, 11790 of 2006, 3600, 9447, 12668 and 18593 of 2007 have been filed by private Ayurvedic Dental and Medical colleges challenging the provisions of the 2006 Act as violative of autonomy of the said colleges in the matter of fixation of fee and conduct of admissions.
(2.) The matter has been placed before this Bench in view of order of the Division Bench dated 8.11.2010 as under: ...Taking into account the facts in the present cases and the various judgments of Hon'ble Supreme Court as well as Division bench of this Court in Educate India Society v. State of Haryana and Ors.,2005 5 SLR 549 and also taking into account that this issue arises every year, we are of the view that matter ought to be heard and decided authoritatively by a Full Bench. The issue of vires and other allied issues raised in the colleges' petitions would be considered alongwith the aforesaid writ petition on the next date of hearing before the Full Bench.... Pleadings
(3.) We may give facts in the representative petitions in each of the four categories. Category I;