JUDGMENT : Ramalingam Sudhakar, J. Following relief’s sought in the writ petition OWP No. 1208/2016 filed by the petitioners therein (students) are as under:- “I. By allowing the petition/by issuance of writ of mandamus directing respondents to allow the petitioners to deposit the college and other allied fee of 13043 US Dollar, as approved by the respondent no.1 to the admission of 2015 under MBBS NRI category. II. By allowing the petition by issuance of writ of mandamus directing respondents to reimburse the excess fee deposited by the petitioners during the academic session of 2015 or by adjusting the said fee in the present semester. III. By allowing the petition by issuance of writ of mandamus directing respondents not to allow the respondent no.3 to apply the Govt. Order No. 221-HME of 2016 dated 01.04.2016 in case of selectees of 2015, admission of MBBS NRI category as the same is not applicable in the facts and circumstances of the case.” 2. The cause of action for filing the writ petition is as follows:- 3. The writ petitioners, two in number, are admitted to the appellant College under NRI quota to pursue MBBS degree course for the academic year 2015. The fee structure for the said academic session 2015 was 13043 U.S. dollar per annum, which has been paid; there is no dispute on that. 4. In so far as the revision of fee structure for admission is concerned, appellant College approached the Fee Structure Committee constituted by the Jammu and Kashmir Government but it was not concluded within the time specified and finally vide Government Order No. 221-HME of 2016 dated 01.04.2016 fee structure was revised. The said Government order further states that, “it is further ordered that the revised fee structure so notified shall be applicable to the students seeking admission in 2016 onwards.” 5. This order has been challenged by the appellate College before the Division Bench at Jammu through the medium of OWP No. 1670/2016, which is pending there. No interim order has been passed in favour of the appellant. 6. Be that as it may. In September 2015 it appears that the appellant College calls upon the students under NRI category to deposit higher amount as tuition and other fee in the sum of 22000 USD. According to the petitioners therein they paid the said amount in protest because it was in excess. 6. Be that as it may. In September 2015 it appears that the appellant College calls upon the students under NRI category to deposit higher amount as tuition and other fee in the sum of 22000 USD. According to the petitioners therein they paid the said amount in protest because it was in excess. Alongside the writ petition OWP No. 1208/2016, MP No. 01/2016 was also filed; petitioners (students) appeared in person. The Court passed the order dated 03.10.2016, operative portion of which is as follows:- “....In the light of Govt. order No. 221-HME of 2016 dated 01.04.2016, petitioners, prima-facie, are to deposit the pre-revised fee of US dollars 13,043 (thirteen thousand and forty- three only), same shall be received from them and they shall be allowed to pursue the MBBS course regular. Objections, if any, within notice period. 7. Aggrieved appellants contended that no opportunity was given to them and the pendency of the writ petition OWP No. 1670/2016 in Jammu wing would give them right to retain the amount. 8. We have heard counsel for the parties. 9. On consideration of the matter we find that the appellants admittedly having challenged the Government order No. 221-HME of 2016 dated 01.04.2016 would be entitled to seek enhanced fee only if they succeed in setting aside the fee fixation order of the Government so as to make applicable retrospectively. On the face of the Government order challenged the revised fee was applicable to the students seeking admission for the session 2016 onwards. Therefore, there is no question of claiming and retaining higher amount citing the pendency of the writ petition before Division Bench at Jammu wing. The appellants’ right to collect higher fee has not fructified. 10. In view of this matter order passed by the learned Single Judge though without hearing the appellant, we find the relief’s sought by the writ petitioners and the grievance of the appellant Institution can be resolved in the following manner:- (a) The writ petitioners (respondents in appeal) are justified in pleadings that they are entitled to pay the College fee of 13043 USD as they are the students admitted to the session 2015 in MBBS course under NRI quota. The appellant Institution does not dispute this fact. The appellant Institution does not dispute this fact. (b) The Government order based on Fee Structure Committee has revised the fee structure and that is challenged before the Division Bench at Jammu wing in OWP No. 1670/2016. If it goes in favour of the appellant College then they are entitled to claim higher fee. Respondents herein (students), whoever is aggrieved, shall be at liberty to implead themselves in the above wit petition, if they choose to. In view of the above the first relief sought for by the writ petitioners is allowed. The second relief sought by the writ petitioners to reimburse the excess fee is now modified, by consent of either side, to the extent that it should be adjusted in the ensuing academic year. Third relief will be subject to outcome of the writ petition OWP No. 1670/2016 pending before the Division Bench at Jammu wing. In so far the interim order dated 03.10.2016 is concerned, same has been passed on the premise that the Government order No. 221-HME of 2016 dated 01.04.2016 will be applicable only for the, academic year 2016 onwards. In view of the final order as above no further order is required to be passed vis. the appeal. 11. With the above said observations appeal along-with OWP No. 1208/2016 stands disposed of.