Dismissed

Viren Bhagwandas Asher and Ors. v. State of Maharashtra and Ors.

Bombay HC3 Jul 2014WP/2337/1998

Case brief

AI extract

What is this about?

Petitioners sought directions to apply a lower fee structure prescribed by the State Government for PG medical admissions in 1997. This High Court dismissed the petition, holding it not to deserve consideration in light of subsequent Supreme Court judgments clarifying fee autonomy for private institutions.

What did the court decide?

Writ petition dismissed; rule discharged; no order as to costs.

Viren Bhagwandas Asher and Ors. Vs State of… — Education and Admissions | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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WRIT PETITION NO.2337/1998

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1] Viren Bhagwandas Asher Age Major, Occ-Student Pravara Rural Hospital, Loni Tq. Shrirampur, Dist.Ahmednagar

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2] Abhay Madhukar Jawale Age Major, Occ-Student Pravara Rural Hospital, Loni Tq.Shrirampur, Dist.Ahmednagar

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3] Ashish Jugalkishor Agrawal Age Major, Occ-Student Pravara Rural Hospital, Loni Tq. Shrirampur, Dist.Ahmednagar

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4] Prashant Deshmukh Age Major, Occ-Student Pravara Rural Hospital, Loni Tq. Shrirampur, Dist.Ahmednagar

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5] Deepak Yashwant Jawale Age Major, Occ-Student Pravara Rural Hospital, Loni Tq. Shrirampur, Dist.Ahmednagar

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6] Vijay Patel Age Major, Occ-Student Pravara Rural Hospital, Loni Tq. Shrirampur, Dist.Ahmednagar

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7] Jitendra Premchand Kolhe Age Major, Occ-Student Pravara Rural Hospital, Loni Tq. Shrirampur, Dist.Ahmednagar

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8] Vasant Patil Age Major, Occ-Student Pravara Rural Hospital, Loni Tq. Shrirampur, Dist.Ahmednagar

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9] Gunpreet Sara

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Age Major, Occ-Student Pravara Rural Hospital, Loni Tq. Shrirampur, Dist.Ahmednagar

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10] Sunil Bapat Age Major, Occ-Student Pravara Rural Hospital, Loni Tq. Shrirampur, Dist.Ahmednagar

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11] Prakash Ramchandani Age Major, Occ-Student Pravara Rural Hospital, Loni Tq. Shrirampur, Dist.Ahmednagar

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12] Pankaj Popatlal Navandar Age Major, Occ-Student Pravara Rural Hospital, Loni Tq. Shrirampur, Dist.Ahmednagar

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Versus

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1] The State of Maharashtra Through the Secretary, Medical Education and Drugs Department Mantralaya, Mumbai

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2] The Director of Medical Education and Research, St. George's Hospital Campus, Fort Mumbai.

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3] Pravara Medical Trust Loni, Tq. Shrirampur Dist,Ahmednagar through its Secretary

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4] The Dean Pravara Rural Hospital and Medical College,Loni Tq. Shrirampur, Dist. Ahmednagar. .. Respondents

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None present for petitioner Shri S.K.Tambe,AGP for respondent nos.1 and 2. Shri V.D.Hon,Adv. R.3 & 4

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CORAM : R.M.BORDE & V.L.ACHLIYA,JJ. DATED: 3rd July, 2014

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ORAL JUDGMENT :-

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The petitioners were admitted to Post Graduate Medical Courses in Pravara Medical College run by Pravara Medical Trust i.e. respondent no.3. in January 1997 batch. The petitioners are praying for issuance of direction to make applicable the fee structure prescribed by the State Government under resolution dated 19/6/1997 to the petitioners who are admitted in January, 1997 batch. The State of Maharashtra has issued Government Resolution on 19/6/1997 prescribing the fee structure for Post Graduate Medical institutions operated by private medical colleges and they were directed to charge Rs.75000/- per year as fees instead of Rs.1,40,000/-. The direction it appears to have been issued in view of the judgment in the matter of J.Unnikrushnan and Others V/s State of Andhra Pradesh in Writ Petition No.607/1992.

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2] It is not a matter of dispute that by subsequent judgment in the matter of T.M.A. Pai Foundation V/s State of Karnataka reported in 1996 DGLS (Soft) 1192, whole scheme has undergone change and autonomy of private institutions in the matter of administration of private colleges is maintained. The Supreme Court while issuing interim order in the matter of T.M.A. Pai Foundation's case has directed that the directions and guidelines issued in respect of fixation of fees for the years 1994-95 and 1995-96 shall be confined to that colleges and for the relevant years and other directions given by the Court on 11/8/1995 shall be applicable and continued to be followed in the academic year 1996-97 and the said order dated 15/5/1996 was directed against all the States including State of Maharashtra. It is further directed that w.e.f. academic year 1995-96, the free seat students shall pay the fee prescribed in the order dated 11/8/1995.

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3] In view of the interim directions issued by Supreme Court as stated above, and in view of the subsequent judgment in the matters of T.M.A. Pai Foundation and others V/s State of Karnataka and others reported in (2002) 8 Supreme Court Cases 481 and Islamic Academy of Education and another V/s State of Karnataka and others reported in (2003) 6 Supreme Court Cases 697 . The challenge raised by petitioners in the instant Writ Petition does not deserve consideration. Writ Petition stands dismissed. Rule is discharged. There shall be no order as to costs.

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[V.L.ACHLIYA,J.] [R.M.BORDE,J.]

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umg

Viren Bhagwandas Asher and Ors. v. State of Maharashtra and Ors.

Case brief

What is this about?

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Viren Bhagwandas Asher and Ors. v. State of Maharashtra and Ors.

Case brief

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