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2017 DIGILAW 638 (ALL)

State of U. P. v. Friends Charitable Society

2017-02-27

ASHOK KUMAR, V.K.SHUKLA

body2017
JUDGMENT Heard Sri J. S. Upadhyay, learned counsel for the appellants and Sri Anurag Khanna, learned Senior Counsel, assisted by Sri Yash Tandon, learned counsel for the respondents 1 and 2. This special appeal is directed against the order dated 20th August, 2016, whereby the writ petition filed by the respondents 1 and 2 has been allowed. The writ petition was filed assailing the order dated 22nd June, 2016 passed by the fourth respondent-Special Secretary, Government of Uttar Pradesh, Lucknow, whereby the private technical institutions in the State, including the writ petitioner-institution, had been directed to charge fee for the session 2016-17, as determined earlier by the Committee for the three year block period commencing from 2013-14. While disposing of the writ petition, the learned Single Judge issued the following directions: "(i) Committee shall fix the fee for session 2016-17 in respect of the Institutions before the Court, after hearing their representative; (ii) Institutions undertake to submit their proposal before the Committee within one week from date i.e. by 29 August 2016; (iii) Committee shall determine the fee for 2016-17 within four weeks thereafter i.e. by 26 September 2016; (iv) The fee charged by the Institution for 2016-17 would be provisional fee subject to the final fee determined by the Committee; (v) Upon enhancement, the arrears would be payable by the students in installment (half yearly/quarterly) depending upon the hike recommended by the Committee. Installment to be determined by the Committee. (vi) Committee in future to discharge its statutory function in determination of fee well in advance." We have heard this appeal for sometime and, with the assistance of learned counsel for the parties, perused the entire material to which our attention was specifically drawn by them. In the course of argument, counsel for the appellant submitted that all the private technical institutions in the State have agreed for charging fees for the session 2016-17 as was determined earlier for the session 2013-14 and in view thereof, the order dated 22nd June, 2016 for the present session was issued. He submits that the appellant-Committee is prepared to fix the fee structure for the three year block period 2017-18, 2018-19 and 2019-20. He submits that the students who are already admitted and have paid the fees and have also started attending classes, may not have to pay anything more for the academic year 2016-17. He submits that the appellant-Committee is prepared to fix the fee structure for the three year block period 2017-18, 2018-19 and 2019-20. He submits that the students who are already admitted and have paid the fees and have also started attending classes, may not have to pay anything more for the academic year 2016-17. In view of the submissions made on behalf of the appellant in the morning, we had made some suggestions. In response thereto, learned Senior Counsel sought time to respond till afternoon. Now, upon instructions, he submits that the respondent-institution has no objection to the suggestion as made by the appellant-Committee. In other words, he submits that they will not charge any additional fee from the batch admitted for session 2016-17 and they shall charge the fee that will be fixed by the appellant-Committee for the next three years, commencing from 2017-18 to 2019-20. The submissions made by learned counsel for the parties are recorded and accepted. In the circumstances, we dispose of this special appeal by the following order: The appellant-Committee shall fix the fee for the academic sessions 2017-18, 2018-19 and 2019-20, as expeditiously as possible and preferably within a period of six months from today. It is made clear that under no circumstance, shall the appellant-Committee seek extension of time. It is needless to mention that the respondent-institution shall cooperate in fixation of fee within the stipulated time. The respondent-institution, under any circumstances, shall not demand anything more that what has been paid by the students for the year 2016-17. It is open for them to charge fee that will be fixed for the academic years 2017-18, 2018-19 and 2019-20 from the students, including the students admitted for this academic year (2016-17) from the next year. While making this observation, we shall not be understood to have expressed any opinion on the rights of the students. In view of this order, the impugned judgment renders ineffective, insofar as the respondent-institution (writ petitioners) are concerned. V.K. Shukla,J. Ashok Kumar,J. Ref: (Delay application) Heard learned counsel for the applicant. This is an application for condonation of delay in filing the appeal. Cause shown in the affidavit filed in support of delay application is sufficient. The delay in filing the special appeal is hereby condoned. The application is allowed. 27.2.2017