Allahabad High Court
I.M.S. Engineering College Thr V.C. ... vs State Of U.P. And Another on 13 July, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
Court No. - 39 Case :- WRIT - C No. - 39969 of 2010 Petitioner :- I.M.S. Engineering College Thr V.C. Rakesh Chharia Respondent :- State Of U.P. And Another Petitioner Counsel :- Anoop Trivedi Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
Learned counsel for the petitioner has pointed out that the guidelines for fixing a fee structure for the private unaided technical educational institution has been fixed by the Hon'ble Apex Court in the matter of Islamic Academy of Education and another Vs. State of Karnataka and Others (2003) 6 S.C.C. 697 and this Court has also dealt with the similar controversy in the case of Smt. Shakuntala Educational & Welfare Society and Others Vs. State of U.P. and Others 2009 (3) ESC, 1991 (All). It is, therefore, his submission that the petitioner is also entitled for the benefit as contained in paragraph Nos. 20 to 22 and 34 of the judgment.
Learned Standing Counsel appearing for the respondents states that it is not necessary to file a counter affidavit and the petition may be disposed of at this stage.
The admission and Fee Regulation Committee constituted by the State Government has, therefore, to reconsider the matter in the light of the aforementioned judgment.
Accordingly, the writ petition stands disposed of finally at the admission stage itself with the direction that the said committee will call for the record and reconsider the matter in the light of the aforementioned judgment and pass appropriate orders within two weeks from the date of production of certified copy of this order.
Order Date :- 13.7.2010 GS