A medical college challenged an Educational Fee Fixation Committee order reducing its fixed MBBS fee and directing refunds. The court did not decide the merits; it disposed of the petition directing the college to file a representation and the Committee to pass a reasoned order within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.798 of 2023
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Madhubani Medical College Madhubani through its Managing Director namely Tausif Ahmad, aged about 31 years, (Male), Son of Faiyaz Ahmad, Resident of Stadium Road, Bhavara, P.S.- Town Thana, Madhubani, DistrictMadhubani.
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Amit Shrivastava, Sr. Adv Mr. Satyam Shivam Sundaram, Adv For the Respondent/s : Mr. Pankaj Kumar (Sc12), Adv
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 07-03-2024
Heard Mr. Amit Shrivastava, learned Senior Counsel for the Madhubani Medical College, Madhubani (petitioner herein) as well as Mr. Pankaj Kumar (SC 12), learned counsel for the State.
(i) For setting aside the order contained in Memo No.381 dated 20.12.2022 issued by the Educational Fee Fixation Committee, Bihar (hereinafter referred to as “Committee”) whereby and where under the Educational Fee earlier fixed as Rs.13,50,000/- was reduced to Rs.9.53 lacs for
Patna High Court CWJC No.798 of 2023 dt.07-03-2024
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the Batch 2021-26 for MBBS course and further directed the institution to refund the differential amount to the students within 30 days from the date of order, failing which the institution will have to pay 9% interest upon the amount, if paid, within next 30 days i.e. within 60 days from the date of the order and in the event of failure, the college will be liable to pay compound interest @ 18% till the date of actual payment.
(ii) For a declaration that the impugned order passed by the Educational Fee Fixation Committee is bad, illegal, arbitrary and in violation of principle of natural justice.
(iii) For any other relief/reliefs to which the petitioner is found entitled to.
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month, before the Educational Fee Fixation Committee, consisting of five members, along with a copy of this order and other documents in support of his claim. The Educational Fee Fixation Committee shall dispose of the representation of the petitioner within a period of three months by way of passing a speaking and reasoned order.
(Anjani Kumar Sharan, J)
shikha/-
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1 issue framed by the court
Whether the fee fixation order reducing MBBS fees without hearing the petitioner and without considering NMC guidelines was valid, or should be remitted for fresh decision.
Madhubani Medical College Madhubani through its Managing Director Tausif Ahmad
The State of Bihar through the Additional Chief Secretary, Health Department
The Additional Chief Secretary, Health Department, Government of Bihar
The Educational Fee Fixation Committee through its Member Secretary
The O.S.D. (Health)-Cum-Officer-in-Charge, Educational Fee Fixation Committee, Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
