JUDGMENT Hon'ble P. C. Pant, J. : By means of these three writ petitions, allegedly discriminatory special status given to Uttaranchal Forest Hospital Trust Medical College, Haldwani has been challenged, therefore all these writ petitions are taken up together for the purposes of disposal. 2. In writ petition No. 595 (M/B) of 2004, the petitioner, Himalayan Institute Hospital Trust, an unaided medical college, has sought a mandamus directing the respondents to permit the petitioner to fill 25 % seats as' NRI quota as provided to Uttaranchal Forest Hospital Trust Medical College, Haldwani vide impugned letter dated 24th June 2004 (copy Annexure- 2 to W.P. No, 595 (M/B) of 2004). Same prayer has been made in writ petition No. 599 (M/B) of 2004 in favour of Seema Dental College, Rishikesh, while in writ petition No. 669 (M/B). of 2004, fee structure provided for Uttaranchal Forest Hospital Trust Medical College, Haldwani has been challenged. 3. Heard learned counsel for the parties at length. 4. It is alleged in the writ petitions No. 595 (M/B) of 2004 and 599 (MIB) of 2004 that the respondent Nos. 1 and 2 have directed the petitioner vide letter dated 9th March 2004 (copy Annexure-l to this writ petition) to fill seats in their medical colleges as under : (a) Out of total 100 seats, 50% seats are required to be filled through U.P.M.T.I Counselling by the State Government; (b) Balance 50% seats are to be filled by the college but through All India Competitive Examination to be held by the Association of similar type of colleges on merit. It is further alleged that in case of a newly created Uttaranchal Forest Hospital Trust Medical College vide Government letter No. 934 (1) 10-1/2004 dated 24.06.2004 the new medical college has been allowed to allot seats as under : (i) Out of 100 seats, 50% seats are to be filled through U.P.M.T. / counselling by the State Government; (ii) 25% seats are to be filled through C.P.M.T. (All India quota); (iii) 25% seats reserved for NRIs. It is further alleged by the petitioner, Himalayan Institute Hospital Trust that as compared to the Forest Hospital Trust Medical College, unlike that college petitioner has to make arrangement of his own resources for running the Institute. It is further alleged by the petitioner, Himalayan Institute Hospital Trust that as compared to the Forest Hospital Trust Medical College, unlike that college petitioner has to make arrangement of his own resources for running the Institute. Another petitioner, Seema Dental College and Hospital who has filed separate writ petition No. 599 (MIS) of 2004 have also made similar assertions for the similar relief. The third writ petition No. 669 (MIS) of 2004 has been filed by one Trivendra Singh Rawat, an M.L.A., challenging the fixation fee structure for the Forest Hospital Trust Medical College and has sought to quash the Government Orders dated 19.06.2004 and 24.06.2004 (copy Annexure Nos. 1 and 3 to that writ petition). In this writ petition, petitioner, a Member of the Legislative Assembly has alleged that Forest Hospital Trust Medical College, HaIdwani is run by the body managed by the Government officers on funds provided by the Government. It is further alleged in the writ petition that almost entire sum in crores of rupees is being spent by the Government on this medical college as such not only the quota of NRI in such a Institute is alleged to be unconstitutional but also the fee structure provided for this Institute has been. alleged to be illegal and arbitrary. As per para 21 of this writ petition (W.P. 669 (M/S) of 2004) the fee structure per year for Forest Hospital Trust Medical College is as under: (a) for Govt. quota seats: Rs. 1,50,000/- as tution fee (b) for All India quota: Rs. 3,00,000/- (c) for NRI : US $ 10000 (approx. Rs. 5 lakhs) 5. The respondent Nos. 1 and 2 have filed their counter affidavits sworn by Dr. quota seats: Rs. 1,50,000/- as tution fee (b) for All India quota: Rs. 3,00,000/- (c) for NRI : US $ 10000 (approx. Rs. 5 lakhs) 5. The respondent Nos. 1 and 2 have filed their counter affidavits sworn by Dr. Uma Kant Panwar, Additional Secretary, Medical and Health, Medical Education, Government of Uttaranchal, who has admitted that Himalayan Institute Hospital Trust and Seema Dental College and Hospital are private unaided medical colleges but it is alleged that Uttaranchal Forest Hospital Trust Medical College is a private aided medical college as such the parity claimed by the private unaided medical colleges cannot be claimed with the private aided colleges, in another counter affidavit which has been filed in the writ petition No. 669 (M/B) of 2004 in para 3, it is admitted that the 'Board of Trustees' which administer and control the aforesaid medical college of Haldwani are as under : (I) Chief Secretary of Government of Uttaranchal (II) Principal Secretary/Secretary, Forest Department Government of Uttaranchal (III) Principal Secretary/Secretary, Judicial Department, Government of Uttaranchal (IV) Principal Secretary/Secretary, Medical and Health Department, Govt. of Uttaranchal (V) Principal Secretary/Secretary, Finance Department Government of Uttaranchal (VI) Principal Secretary/Secretary, Planning Department, Government of Uttaranchal (VII) Principal Chief Conservator of Forests, Uttaranchal Nainital, Uttaranchal (VIII) Director General, Medical and Health Services, Uttaranchal, Dehradun. (IX) Managing Director, Uttaranchal Forest Development Corporation, Uttaranchal, Dehradun (X) Secretary, Uttaranchal Forest Hospital Trust (an officer on deputation of the Forest Department) (XI) Joint Director, Accounts and Claims, Haldwani, Nainital (XII) District Magistrate, Nainital, (XIII) Chief Medical Officer, Nainital (XIV) Director, Sanjay Gandhi P.G.I., Lucknow (XV) Chairman, Zila Panchayat, Nainital (XVI) Chairman, Nagar Palika Parishad, Haldwani It is further admitted in the aforesaid, para of the counter affidavit that Hon'ble the Chief Minister of Uttaranchal is the Chief patron of the Trust and the Minister of Forests of the Government of Uttaranchal is the patron. 6. Learned counsel for petitioners in writ petition No. 669 (MIS) of 2004 has argued that there is a Committee constituted of the Government officials who were there because of their ex-officio capacity. None of the members have any connection with the requirement of Section 1 of Societies Representation Act. The said Committee has no semblance by which it will be called a Committee only elected. In fact the Committee is nominated. None of the members have any connection with the requirement of Section 1 of Societies Representation Act. The said Committee has no semblance by which it will be called a Committee only elected. In fact the Committee is nominated. (See AIR 1999 Allahabad Pg 324, U.P. Medical College Medical Education Teachers Association (UPMA), Gorakhpur and another V. Union of India and others). Learned counsel for the petitioner in this writ petition further argued that the Hospital of Forest Trust Medical College, Haldwani is being funded by the State Government as under: (i) For 2003-04 Rs. 14.5 Crores & Rs. 16.2 Crores (ii) For 2004-05 Rs. 12.9 Crores & Rs, 16.2 Crores During arguments the learned Additional Advocate General could not deny it. 7. The above mentioned facts clearly make out a case that the Uttaranchal Forest Hospital Trust Medical College earlier known as Sushila Tewari Forest Trust Hospital, is an Institute which is wholly controlled, governed and funded by the Government of Uttaranchal through the aforesaid Trust which appears to be a registered Society as is clear from the affidavits, counter affidavits and rejoinder affidavits filed in the aforesaid three writ petitions. In U.P Medical College Medical Education Teachers Association (UPMA), Gorakhpur and another V Union of India and others reported in AIR 1999 ALLAHABAD 324, the Division Bench of the Allahabad High Court has found it highly objectionable the transfer of government resources in the income of a medical college run by a Society. Acceptance of donations by such a Society cannot be ruled out. It is further held in the said judgment that the Society being a private person need not respond to the Directive Principles to promote and improve general public health. In other words, the Government resources are kept at the disposal of a Society for trading in medical education and medical services (in the present case before us, Sushila Tewari Forest Trust Hospital has been converted in to a Medical College run by a Society). 8. In other words, the Government resources are kept at the disposal of a Society for trading in medical education and medical services (in the present case before us, Sushila Tewari Forest Trust Hospital has been converted in to a Medical College run by a Society). 8. In the circumstances, we have no option but to declare Uttaranchal Sushila Tewari Forest Hospital Trust Medical College, Haldwani as a State owned medical college and quash the impugned Government Orders dated 24.06.2004 (Annexure-3 to W.P No. 669 (M/B) of 2004) wholly and direct that these seats to be filled as per the Government Order applicable to State medical colleges as applicable on 09.11.2000 or a fresh Government Order may be issued by the Government in this behalf. Further, Government Order dated 19.06.2004 (Annexure4 to W.P No. 669 (M/B) of 2004) is also quashed providing arbitrary fee structure for said Medical College funded by the Government of Uttaranchal. 9. Mr. V. K. Kohli, learned senior counsel appearing on behalf of the petitioner in writ petition No. 595 (M/B) of 2004 submitted that in view of paragraph 68 of T. M. A. Pai Foundation and others V. State of Karnataka and others reported in (2002) B see 481 which is affirmed by the Constitutional Bench of Apex Court in Islamic Academy of Education V. State of Karnataka; (2003) 6 see 706, the prescription for percentage for local needs with the management quota have not been fixed for non minority unaided and aided colleges like the medical college of the petitioner. Thus, we hold that Uttaranchal Forest Hospital Trust Medical College which was earlier known as Sushila Tiwari Forest Trust Hospital is a State medical college. 10. We find no force in the contention of the learned counsel for the petitioner. In view of the clear cut order passed by the Apex Court on 15th July 2004 in SLP(C) No. 9932 of 2004 with SLP(C) No, 9935/2004, W.P. No, 276/204, SLP(C) 10780/04, SLP(C) No. 11244/ 2004 & I.A. Nos. 10. We find no force in the contention of the learned counsel for the petitioner. In view of the clear cut order passed by the Apex Court on 15th July 2004 in SLP(C) No. 9932 of 2004 with SLP(C) No, 9935/2004, W.P. No, 276/204, SLP(C) 10780/04, SLP(C) No. 11244/ 2004 & I.A. Nos. 22, 26-28, 30, 31-33 &..,in WP (C) No. 350 of 1993 in case of P. A. Inamdar and others V. State of Maharashtra and others, in which the Apex Court has provided as under: "In the circumstances, we are of the view that the interim measure as stated in paragraph 21 of Islamic Academy (supra), namely, that the seats should be filled up by the institutions concerned in the ratio of 50:50 will be continued for this academic year purely as a temporary measure and without prejudice to the contentions of the parties for the purpose of the final disposal. " In view of this order of the Apex Court, we are not expressing any opinion regarding management quota as matter is pending consideration before the Apex Court. 11. For the reasons recorded above both the Government Orders No. 934(1)/ X-1-2004 dated 24.06.2004 and G.O. No. 947(1)/ X-1-2004 dated 24.06.2004 are hereby quashed. Consequently, the fee structure of the Uttaranchal Sushila Tewari Forest Hospital Trust Medical College, Haldwani shall be the same as for the other State medical colleges. Government Orders governing the fee structure as well as the admission in the private aided and unaided medical colleges shall not be applicable in Uttaranchal Sushila Tewari Forest Hospital Trust Medical College, Haldwani. Accordingly all the three writ petitions are disposed of in terms of this judgment. No order as to costs.