Karnataka High Court
Vigan Educational Foundation vs Union Of India on 13 March, 2017
Author: Jayant Patel
Bench: Jayant Patel
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13th DAY OF MARCH, 2017
PRESENT
THE HON'BLE MR.JUSTICE JAYANT PATEL
AND
THE HON'BLE MR.JUSTICE N.K.SUDHINDRARAO
WRIT PETITION NOs.5105/2017 & 9513/2017
C/W
5109/2017 & 9511-9512/2017,
5104/2017 & 9509-9510/2017, 5106/2017 &
9515/2017, 5108/2017 & 9514/2017, 5110/2017 &
9516-17/2017, 5134/2017 & 9518/2017, 9640-
9641/2017, 9642-9643/2017, 9644-9646/2017
(EDN-RES)
WP NOS. 5105/2017 & 9513/2017
BETWEEN:
1. VIGAN EDUCATIONAL FOUNDATION
#22, HOSUR MAIN ROAD,
BENGALURU-560 027,
REPRESENTED BY ITS
MANAGING TRUSTEE.
2. BENGALURU INSTITUTE OF DENTAL
SCIENCES & HOSPITAL
NO.5/3, HOSUR MAIN ROAD,
BENGALURU-560 027,
REPRESENTED BY ITS CHAIRMAN.
... PETITIONERS
(BY SRI. ASHOK HARNAHALLI, SR. COUNSEL FOR
2
SRI SUBRAMANYA R, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF HEALTH &
FAMILY WELFARE,
'A' WING, NIRMAN BHAWAN,
MAULANA AZAD ROAD,
NEW DELHI-110 011.
2. STATE OF KARNATAKA
DEPARTMENT OF HEALTH &
FAMILY WELFARE
(MEDICAL EDUCATION),
KARNATAKA GOVERNMENT
SECRETARIAT,
VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001,
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
3. FREE REGULATORY COMMITTEE
KARNATAKA EXAMINATION
AUTHORITY PREMISES,
18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM,
BENGALURU-560 012,
REPRESENTED BY ITS
MEMBER SECRETARY.
4. DENTAL COUNCIL OF INDIA
AIWAN-E-GALIB MARG,
KOTLA ROAD,
TEMPLE LANE,
NEW DELHI-110 002,
3
REPRESENTED BY ITS SECRETARY.
... RESPONDENTS
(BY SRI. A.D. RAMANANDA, CGC FOR R-1;
SRI. MADHUSUDHAN R NAIK, AG FOR R-2;
SRI. N K RAMESH, ADVOCATE FOR R-3;
SRI. G.S. BHAT, ADVOCATE FOR R-4)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-2 STATE GOVERNMENT TO FIX THE FEE
FOR DENTAL COURSES IN PARITY WITH THAT OF THE
FEE FIXED BY THE DEEMED UNIVERSITIES IN ORDER TO
MAINTAIN UNIFORMITY OF FEE STRUCTURE
THROUGHOUT THE COUNTRY AND IN ADDITION TO
CONSIDER THE PROPOSAL SUBMITTED BY THE
PETITIONER INSTITUTION IN RESPECT OF DENTAL
COURSES FOR FIXATION OF THE FEE AS PROPOSED BY
THE PETITIONER INSTITUTION.
IN W.P.NOs.5109/2017 & 9511-9512/2017
BETWEEN:
1. NAVODAYA EDUCATION TRUST (R)
NO.26, NAVODAYANAGAR,
MANTRALAYA ROAD,
RAICHUR-584 103,
REPRESENTED BY ITS CHAIRMAN.
2. NAVODAYA MEDICAL COLLEGE,
HOSPITAL & RESEARCH CENTRE,
MANTRALAYA ROAD,
RAICHUR-584 103,
4
REPRESENTED BY ITS PRINCIPAL.
3. NAVODAYA DENTAL COLLEGE &
HOSPITAL
MANTRALAYA ROAD,
RAICHUR-584 103,
REPRESENTED BY ITS PRINCIPAL.
... PETITIONERS
(BY SRI. ASHOK HARNAHALLI, SR. COUNSEL
FOR SRI SUBRAMANYA R, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF HEALTH &
FAMILY WELFARE,
A WING, NIRMAN BHAWAN,
MAULANA AZAD ROAD,
NEW DELHI-110 011.
2. STATE OF KARNATAKA
DEPARTMENT OF HEALTH &
FAMILY WELFARE
(MEDICAL EDUCATION),
KARNATAKA GOVERNMENT
SECRETARIAT,
VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001,
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
3. FEE REGULATORY COMMITTEE
KARNATAKA EXAMINATION
AUTHORITY PREMISES,
18TH CROSS,
SAMPIGE ROAD,
MALLESHWARAM,
5
BENGALURU-560 012,
REPRESENTED BY ITS
MEMBER SECRETARY.
4. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARKA,
NEW DELHI-110 077,
REPRESENTED BY ITS SECRETARY.
5. DENTAL COUNCIL OF INDIA
AIWAN-E-GALIB MARG,
KOTLA ROAD,
TEMPLE LANE,
NEW DELHI-110 002,
REPRESENTED BY ITS SECRETARY.
... RESPONDENTS
(BY SRI. A.D. RAMANANDA, CGC FOR R-1;
SRI MADHUSUDHAN R NAIK, AG FOR
MS. NILOUFER AKBAR FOR R2;
SRI. N.K. RAMESH, ADVOCATE FOR R-3;
SRI. N.KHETTY, ADVOCATE FOR R-4;
SRI. G.S. BHAT, ADVOCATE FOR R-5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-2 STATE GOVERNMENT TO FIX THE FEE
FOR MEDICAL & DENTAL COURSES IN PARITY WITH THAT
OF THE FEE FIXED BY THE DEEMED UNIVERSITIES IN
ORDER TO MAINTAIN UNIFORMITY OF FEE STRUCTURE
THROUGHOUT THE COUNTRY AND IN ADDITION TO
CONSIDER THE PROPOSAL SUBMITTED BY THE
PETITIONER INSTITUTION IN RESPECT OF MEDICAL &
DENTAL COURSES FOR FIXATION OF THE FEE AS
PROPOSED BY THE PETITIONER INSTITUTION
6
WP NOs.5104/2017 & 9509-9510/2017
BETWEEN:
1. MOOGAMBIGAI CHARITABLE &
EDUCATIONAL TRUST (R)
NO.202, KAMBIPURA VILLAGE,
MYSORE ROAD,
BENGALURU-560 074,
REPRESENTED BY ITS
FOUNDER & MANAGING TRUSTEE.
2. RAJARAJESHAWARI MEDICAL
COLLEGE & HOSPITAL
NO.202, KAMBIPURA VILLAGE,
MYSORE ROAD,
BENGALURU-560 074,
REPRESENTED BY ITS
PRINCIPAL.
3. RAJARAJESHAWARI DENTAL
COLLEGE & HOSPITAL
NO.14, RAMAHALLI CROSS,
KUMBALAGODU POST,
BENGALURU-560 074,
REPRESENTED BY
ITS PRINCIPAL.
... PETITIONERS
(BY SRI. ASHOK HARANAHALLI, SR.COUNSEL FOR
SRI SUBRAMANYA R, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF HEALTH &
FAMILY WELFARE,
A WING, NIRMAN BHAWAN,
7
MAULANA AZAD ROAD,
NEW DELHI-110 011.
2. STATE OF KARNATAKA
DEPARTMENT OF HEALTH &
FAMILY WELFARE
(MEDICAL EDUCATION),
KARNATAKA GOVERNMENT
SECRETARIAT,
VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001,
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
3. FEE REGULATORY COMMITTEE
KARNATAKA EXAMINATION
AUTHORITY PREMISES,
18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM,
BENGALURU-560 012,
REPRESENTED BY ITS
MEMBER SECRETARY.
4. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARKA,
NEW DELHI-110 077,
REPRESENTED BY ITS SECRETARY.
5. DENTAL COUNCIL OF INDIA
AIWAN-E-GALIB MARG,
KOTLA ROAD,
TEMPLE LANE,
NEW DELHI-110 002,
REPRESENTED BY ITS SECRETARY.
... RESPONDENTS
(BY SRI.A.D.RAMANANDA, CGC FOR R-1;
8
SRI MADHUSUDHAN R. NAIK, AG FOR
MS.NILOUFER AKBAR FOR R-2;
SRI N.K.RAMESH, ADV FOR R-3;
SRI N.KHETTY, ADV FOR R-4;
SRI G.S.BHAT, ADV FOR R-5)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE R-2 STATE GOVERNMENT TO
FIX THE FEE FOR DENTAL COURSES IN PARITY WITH
THAT OF THE FEE FIXED BY THE DEEMED UNIVERSITIES
IN ORDER TO MAINTAIN UNIFORMITY OF FEE STRUCTURE
THROUGHOUT THE COUNTRY AND IN ADDITION TO
CONSIDER THE PROPOSAL SUBMITTED BY THE
PETITIONER INSTITUTION IN RESPECT OF DENTAL
COURSES FOR FIXATION OF THE FEE AS PROPOSED BY
THE PETITIONER INSTITUTION.
W.P. NOS. 5106 OF 2017 & 9515/2017
BETWEEN
1. AMRITH EDUCATIONAL &
CULTURAL SOCIETY
NO.108, BTM 6TH STAGE,
1ST PHASE,
KAMMANAHALLI,
OFF. BANNERGHATTA ROAD,
BENGALURU-560 076,
REPRESENTED BY
ITS SECRETARY.
2. AECS MARUTHI DENTAL COLLEGE
OF DENTAL SCIENCES
AND RESEARCH CENTRE,
NO.108, BTM 6TH STAGE,
9
1ST PHASE,
KAMMANAHALLI,
OFF. BANNERGHATTA ROAD,
BENGALURU-560 076,
REPRESENTED BY ITS PRINCIPAL.
... PETITIONERS
(BY SRI. ASHOK HARANAHALLI, SR.COUNSEL FOR
SRI SUBRAMANYA R, ADVOCATE)
AND
1. UNION OF INDIA
MINISTRY OF HEALTH &
FAMILY WELFARE,
A WING, NIRMAN BHAWAN,
MAULANA AZAD ROAD,
NEW DELHI-110 011.
2. STATE OF KARNATAKA
DEPARTMENT OF HEALTH &
FAMILY WELFARE
(MEDICAL EDUCATION),
KARNATAKA GOVERNMENT
SECRETARIAT,
VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001,
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
3. FEE REGULATORY COMMITTEE
KARNATAKA EXAMINATION
AUTHORITY PREMISES,
18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM,
BENGALURU-560 012,
REPRESENTED BY ITS
10
MEMBER SECRETARY.
4. DENTAL COUNCIL OF INDIA
AIWAN-E-GALIB MARG,
KOTLA ROAD, TEMPLE LANE,
NEW DELHI-110 002,
REPRESENTED BY ITS SECRETARY.
... RESPONDENTS
(BY SRI A D RAMANANDA CGC FOR R-1;
SRI MADHUSUDHAN R.NAIK, AG FOR
MS.NILOUFER AKBAR, ADVOCATE FOR R-2;
SRI N.K.RAMESH, ADVOCATE FOR R-3;
SRI G.S.BHAT, ADVOCATE FOR R-4)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE R-2 STATE GOVERNMENT TO
FIX THE FEE FOR DENTAL COURSES IN PARITY WITH
THAT OF THE FEE FIXED BY THE DEEMED UNIVERSITIES
IN ORDER TO MAINTAIN UNIFORMITY OF FEE STRUCTURE
THROUGHOUT THE COUNTRY AND IN ADDITION TO
CONSIDER THE PROPOSAL SUBMITTED BY THE
PETITIONER INSTITUTION IN RESPECT OF DENTAL
COURSES FOR FIXATION OF THE FEE AS PROPOSED BY
THE PETITIONER INSTITUTION AND ETC.,.
WP NOS. 5108/2017 & 9514/2017
BETWEEN:
1. VENKATESHA EDUCATION SOCIETY (R)
NO.19, HUTCHINS ROAD,
ASHOKA ROAD,
ST. THOMAS TOWN,
BENGALURU-560 084,
REPRESENTED BY ITS SECRETARY
11
& CORRESPONDENT.
2. MVJ MEDICAL COLLEGE &
RESEARCH HOSPITAL
DANDUPALYA, 30TH KM MILE STONE,
N.H. 4, KOLATHUR POST,
HOSKOTE,
BENGALURU-562 114,
REPRESENTED BY ITS PRINCIPAL.
... PETITIONERS
(BY SRI. ASHOK HARNAHALLI, SR. COUNSEL FOR
SRI SUBRAMANYA R, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF HEALTH &
FAMILY WELFARE,
A WING, NIRMAN BHAWAN,
MAULANA AZAD ROAD,
NEW DELHI-110 011.
2. STATE OF KARNATAKA
DEPARTMENT OF HEALTH &
FAMILY WELFARE
(MEDICAL EDUCATION),
KARNATAKA GOVERNMENT
SECRETARIAT,
VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001,
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
3. FREE REGULATORY COMMITTEE
KARNATAKA EXAMINATION
AUTHORITY PREMISES,
18TH CROSS, SAMPIGE ROAD,
12
MALLESHWARAM,
BENGALURU-560 012,
REPRESENTED BY ITS
MEMBER SECRETARY.
4. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARKA,
NEW DELHI-110 077,
REPRESENTED BY ITS
SECRETARY.
<<<
... RESPONDENTS
(BY SRI. A RAMANANDA, CGC FOR R-1;
SRI MADHUSUDHAN R. NAIK, AG FOR
MS. NILOUFER AKBAR FOR R-2;
SRI N.K. RAMESH, ADVOCATE FOR R-3;
SRI N.KHETTY, ADVOCATE FOR R-4)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE R-2 STATE GOVERNMENT TO
FIX THE FEE FOR MEDICAL COURSES IN PARITY WITH
THAT OF THE FEE FIXED BY THE DEEMED UNIVERSITIES
IN ORDER TO MAINTAIN UNIFORMITY OF FEE STRUCTURE
THROUGHOUT THE COUNTRY AND IN ADDITION TO
CONSIDER THE PROPOSAL SUBMITTED BY THE
PETITIONER INSTITUTION IN RESPECT OF MEDICAL
COURSES FOR FIXATION OF THE FEE AS PROPOSED BY
THE PETITIONER INSTITUTION.
WP Nos. 5110/2017 & 9516-17/2017
BETWEEN:
1. LAKSHMI MEMORIAL EDUCATION
TRUST (R), AJ TOWERS,
13
BALMATTA,
MANGALORE-575 002,
REPRESENTED BY ITS PRESIDENT.
2. AJ INSTITUTE OF MEDICAL SCIENCES
& RESEARCH CENTRE,
NH 66, KUNTIKANA,
MANGALORE-575 002,
REPRESENTED BY ITS DEAN.
3. AJ INSTITUTE OF DENTAL SCIENCE
NH 66, KUNTIKANA,
MANGALORE-575 002,
REPRESENTED BY ITS PRINCIPAL.
... PETITIONERS
(BY SRI. ASHOK HARNAHALLI, SR. COUNSEL FOR
SRI SUBRAMANYA R, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF HEALTH &
FAMILY WELFARE,
A WING, NIRMAN BHAWAN,
MAULANA AZAD ROAD,
NEW DELHI-110 011.
2. STATE OF KARNATAKA
DEPARTMENT OF HEALTH &
FAMILY WELFARE
(MEDICAL EDUCATION),
KARNATAKA GOVERNMENT
SECRETARIAT,
VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001,
REPRESENTED BY ITS
14
PRINCIPAL SECRETARY.
3. FEE REGULATORY COMMITTEE
KARNATAKA EXAMINATION
AUTHORITY PREMISES,
18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM,
BENGALURU-560 012,
REPRESENTED BY ITS
MEMBER SECRETARY.
4. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
DWARKA,
NEW DELHI-110 077,
REPRESENTED BY ITS SECRETARY.
5. DENTAL COUNCIL OF INDIA
AIWAN-E-GALIB MARG,
KOTLA ROAD,
TEMPLE LANE,
NEW DELHI-110 002,
REPRESENTED BY ITS SECRETARY.
... RESPONDENTS
(BY SRI.A.D. RAMANANDA, CGC FOR R-1;
SRI MADHUSUDHAN R NAIK, AG FOR
MS.NILOUFER AKBAR, AGA FOR R-2;
SRI N.K. RAMESH, ADVOCATE FOR R-3;
SRI. N. KHETTY, ADVOCATE FOR R-4;
SRI. G.S. BHAT, ADVOCATE FOR R-5)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING To DIRECT THE R-2 STATE GOVERNMENT TO FIX
THE FEE FOR DENTAL COURSES IN PARITY WITH THAT
OF THE FEE FIXED BY THE DEEMED UNIVERSITIES IN
ORDER TO MAINTAIN UNIFORMITY OF FEE STRUCTURE
15
THROUGHOUT THE COUNTRY AND IN ADDITIONA TO
CONSIDER THE PROPOSAL SUBMITTED BY THE
PETITIONER INSTITUTION IN RESPECT OF DENTAL
COURSES FOR FIXATION OF THE FEE AS PROPOSED BY
THE PETITIONER INSTITUTION
WP Nos. 5134/2017 & 9518/2017
BETWEEN
1. COORG DENTAL & MEDICAL
SCIENCES TRUST,
K. K. CAMPUS,
MAGGULA,
VIRAJPET-571 218,
COORG DISTRICT,
REPRESENTED BY ITS
MANAGING TRUSTEE.
2. COORG INSTITUTE OF
DENTAL SCIENCES
KANJITHANDA KUSHALAPPA
CAMPUS, MAGGULA,
VIRAJPET-571 218,
COORG DISTRICT,
REPRESENTED BY ITS PRINCIPAL.
... PETITIONERS
(BY SRI. ASHOK HARNAHALLI, SR. COUNSEL FOR
SRI SUBRAMANYA R, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF HEALTH &
FAMILY WELFARE,
A WING, NIRMAN BHAWAN,
MAULANA AZAD ROAD,
16
NEW DELHI-110 011.
2. STATE OF KARNATAKA
DEPARTMENT OF HEALTH &
FAMILY WELFARE
(MEDICAL EDUCATION),
KARNATAKA GOVERNMENT
SECRETARIAT,
VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001,
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
3. FEE REGULATORY COMMITTEE
KARNATAKA EXAMINATION
AUTHORITY PREMISES,
18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM,
BENGALURU-560 012,
REPRESENTED BY ITS
MEMBER SECRETARY.
4. DENTAL COUNCIL OF INDIA
AIWAN-E-GALIB MARG,
KOTLA ROAD,
TEMPLE LANE,
NEW DELHI-110 002,
REPRESENTED BY ITS SECRETARY.
... RESPONDENTS
(BY SRI.A.D. RAMANANDA, CGC FOR R-1;
SRI MADHUSUDHAN R NAIK, AG FOR
MS.NILOUFER AKBAR, AGA FOR R-2;
SRI N.K. RAMESH, ADVOCATE FOR R-3;
SRI. N. KHETTY, ADVOCATE FOR R-4;
SRI. G.S. BHAT, ADVOCATE FOR R-5)
17
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE R-2 STATE GOVERNMENT TO
FIX THE FEE FOR DENTAL COURSES IN PARITY WITH
THAT OF THE FEE FIXED BY THE DEEMED UNIVERSITIES
IN ORDER TO MAINTAIN UNIFORMITY OF FEE STRUCTURE
THROUGHOUT THE COUNTRY AND IN ADDITION TO
CONSIDER THE PROPOSAL SUBMITTED BY THE
PETITIONER INSTITUTION IN RESPECT OF DENTAL
COURSES FOR FIXATION OF THE FEE AS PROPOSED BY
THE PETITIONER INSTITUTION.
WP NOs. 9640-9641/2017
BETWEEN:
1. AKASH EDUCATION
& DEVELOPMENT TRUST
WARD NO.22, PRASHANTH NAGAR,
DEVANAHALLI,
NEAR KEMPEGOWDA
INTERNATIONAL AIRPORT,
BENGALURU-562110
REPRSENTED BY ITS
CHAIRPERSON/SECRETARY
2. AKASH INSTITUTE OF MEDICAL
SCIENCES & RESEARCH
CENTRE, WARD NO.22,
PRASHANTH NAGAR,
DEVANAHALLI,
NEAR KEMPEGOWDA
INTERNATIONAL AIRPORT,
BENGALURU-562110
REPRSENTED BY ITS PRINCIPAL
... PETITIONERS
(BY SRI ASHOK HARANAHALLI, SR. COUNSEL FOR
18
SRI SUBRAMANYA R, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF HEALTH &
FAMILY WELFARE
A WING, NIRMAN BHAWAN,
MAULANA AZAD ROAD,
NEW DELHI-110011
2. STATE OF KARNATAKA
DEPARTMENT OF HEALTH &
FAMILY WELFARE
(MEDICAL EDUCATION)
KARNATAKA GOVERNMENT
SECRETARIAT
VIKASA SOUDHA,
DR AMBEDKAR VEEDHI,
BENGALURU-560001
REPRESENTED BY ITS
PRINCIPAL SECRETARY
3. FEE REGULATORY COMMITTEE
KARNATAKA EXAMINATION
AUTHORITY PREMISES,
18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM,
BENGALURU-560012
REPRESENTED BY ITS
MEMBER SECRETARY
4. MEDICAL COUNCIL OF INDIA
POCKET -14, SECTOR-8,
DWARAKA, NEW DELHI-110077
REPRESENTED BY ITS SECRETARY
... RESPONDENTS
(BY SRI.A.D. RAMANANDA, CGC FOR R-1;
SRI MADHUSUDHAN R NAIK, AG FOR
19
MS.NILOUFER AKBAR, AGA FOR R-2;
SRI N.K. RAMESH, ADVOCATE FOR R-3;
SRI. N. KHETTY, ADVOCATE FOR R-4;
SRI. G.S. BHAT, ADVOCATE FOR R-5)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE R-2 STATE GOVERNMENT TO
FIX THE FEE FOR MEDICAL COURSES IN PARITY WITH
THAT OF THE FEE FIXED BY THE DEEMED UNIVERSITIES
IN ORDER TO MAINTAIN UNIFORMITY OF FEE STRUCTURE
THROUGHOUT THE COUNTRY AND IN ADDITION TO
CONSIDER THE PROPOSAL SUBMITTED BY THE
PETITIONER INSTITUTION IN RESPECT OF DENTAL
COURSES FOR FIXATION OF THE FEE AS PROPOSED BY
THE PETITIONER INSTITUTION.
WP NOs. 9642-9643/2017
BETWEEN:
1. SRI. SRINIVASA EDUCATIONAL &
CHARITABLE TRUST
#619/G, 36TH CROSS,
2ND BLOCK, RAJAJINAGAR,
BENGALURU - 560 010
REPRESENTED BY ITS
CHAIRMAN.
2. SAPTHAGIRI INSTITUTE OF
MEDICAL SCIENCES
& RESEARCH CENTRE,
NO.15, CHIKKASANDRA,
HESARAGHATTA MAIN ROAD,
BENGALURU NORTH TALUK,
20
BENGALURU - 560 090
REPRESENTED BY ITS PRINCIPAL.
... PETITIONERS
(BY SRI ASHOK HARANAHALLI, SR. COUNSEL FOR
SRI SUBRAMANYA R, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF HEALTH &
FAMILY WELFARE, A WING,
NIRMAN BHAWAN,
MAULANA AZAD ROAD,
NEW DELHI - 110 011.
2. STATE OF KARNATAKA
DEPARTMENT OF HEALTH &
FAMILY WELFARE
(MEDICAL EDUCATION)
KARNATAKA GOVERNMENT
SECRETARIAT, VIKASA SOUDHA
DR.AMBEDKAR VEEDHI
BENGALURU - 560 001
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
3. FEE REGULATORY COMMITTEE
KARNATAKA EXAMINATION
AUTHORITY PREMISES
18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM
BENGALURU - 560 012
REPRESENTED BY ITS
MEMBER SECRETARY
4. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8,
21
DWARKA, NEW DELHI - 110 077
REPRESENTED BY ITS SECRETARY.
... RESPONDENTS
(BY SRI.A.D. RAMANANDA, CGC FOR R-1;
SRI MADHUSUDHAN R NAIK, AG FOR
MS.NILOUFER AKBAR, AGA FOR R-2;
SRI N.K. RAMESH, ADVOCATE FOR R-3;
SRI. N. KHETTY, ADVOCATE FOR R-4;
SRI. G.S. BHAT, ADVOCATE FOR R-5)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE R-2 STATE GOVERNMENT TO
FIX THE FEE FOR MEDICAL COURSES IN PARITY WITH
THAT OF THE FEE FIXED BY THE DEEMED UNIVERSITIES
IN ORDER TO MAINTAIN UNIFORMITY OF FEE STRUCTURE
THROUGHOUT THE COUNTRY AND IN ADDITION TO
CONSIDER THE PROPOSAL SUBMITTED BY THE
PETITIONER INSTITUTION IN RESPECT OF DENTAL
COURSES FOR FIXATION OF THE FEE AS PROPOSED BY
THE PETITIONER INSTITUTION
WP NOS. 9644-9646/2017
BETWEEN:
1. SRINIVASA TRUST (R)
# 82, NALLURAHALLI,
NEAR BMTC 18TH DEPOT,
EPIP AREA,
WHITEFIELD ROAD,
BENGALURU-560066,
REP BY ITS DIRECTOR
2. VYDEHI INSTITUTE OF MEDICAL
22
SCIENCES & RESEARCH CENTRE,
# 82, NALLURAHALLI,
NEAR BMTC 18TH DEPOT,
EPIP AREA, WHITEFIELD ROAD,
BENGALURU-560066.
REP BY ITS PRINCIPAL
3. VYDEHI INSTITUTE OF DENTAL
SCIENCES & RESEARCH CENTRE
# 82, NALLURAHALLI,
NEAR BMTC 18TH DEPOT,
EPIP AREA, WHITEFIELD ROAD,
BENGALURU -560066,
REP BY ITS PRINCIPAL
... PETITIONERS
(BY SRI.ASHOK HARANAHALLI, SR.COUNSEL FOR
SRI SUBRAMANYA R, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF HEALTH &
FAMILY WELFARE
A WING, NIRMAN BHAWAN,
MAULANA AZAD ROAD,
NEW DELHI- 110011
2. STATE OF KARNATAKA
DEPARTMENT OF HEALTH &
FAMILY WELFARE
(MEDICAL EDUCAION)
KARNATAKA GOVERNMENT
SECRETARIAT,
VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU- 560001,
REP BY ITS PRINCIPAL SECRETARY
23
3. FEE REGULATORY COMMITTEE
KARNATAKA EXAMINATION
AUTHORITY PREMISES,
18TH CROSS,
SAMPIGE ROAD,
MALLESHWARAM,
BENGALURU- 560012,
REP BY ITS MEMBER SECRETARY
4. MEDICAL COUNCIL OF INDIA
POCKET 14, SECTOR 8,
DWARKA, NEW DELHI- 110077,
REPRESENTED BY ITS SECRETARY
5. DENTAL COUNCIL OF INDIA
AIWAN-E-GALIB MARG,
KOTLA ROAD,
TEMPLE LANE,
NEW DELHI -110002,
REPRESENTED BY ITS SECRETARY
... RESPONDENTS
(BY SRI. A.D.RAMANANDAM CGC FOR R-1;
SRI MADHUSUDHAN R. NAIK, AG FOR
MS.NILOUFER AKBAR FOR R-2;
SRI N.K.RAMESH, ADVOCATE FOR R-3;
SRI N.KHETTY, ADVOCATE FOR R-4;
SRI G.S.BHAT, ADVOCATE FOR R-5)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE R-2 STATE GOVERNMENT TO
FIX THE FEE FOR DENTAL COURSES IN PARITY WITH
THAT OF THE FEE FIXED BY THE DEEMED UNIVERSITIES
IN ORDER TO MAINTAIN UNIFORMITY OF FEE STRUCTURE
THROUGHOUT THE COUNTRY AND IN ADDITION TO
CONSIDER THE PROPOSAL SUBMITTED BY THE
PETITIONER INSTITUTION IN RESPECT OF DENTAL
24
COURSE FOR FIXATION OF THE FEE AS PROPOSED BY
THE PETITIONER INSTITUTION
THESE PETITIONS COMING ON FOR ORDERS THIS
DAY, JAYANT PATEL J., PASSED THE FOLLOWING:
ORDER
In all petitions, the principal prayer on the part of petitioners is to direct the State Government to fix the fees for the respective courses through the Fee Regulatory Committee. Additional prayer made is to fix the fees at par with the deemed Universities.
2. Pursuant to the notice issued by this Court, Mr.N.K.Ramesh, learned counsel appearing for respondent No.3 - Fee Regulatory Committee states that process has already started for inviting proposal of the respective colleges and he has placed on record the statement showing the number of colleges imparting education in the different subjects which have already made applications and he submitted that the report shall be submitted by 15th April, 2017 sofar as the 25 colleges which have already made applications. He submitted that as per the list given to him, about 23 colleges have not made any applications. If the applications are not made, naturally, Fee Regulatory Committee would not be able to take appropriate decision.
3. Mr.Ashok Haranahalli, learned Sr.Counsel states that if the applications are not made, respective petitioners may be permitted to make applications and let the Fee Regulatory Committee consider the same. He submitted that when the proposal shall be made to the Fee Regulatory Committee, respective petitioners may agitate the question of fixation of fees at par with the deemed universities imparting education of that particular faculty of the college, may be, Medical, Dental, Ayurveda, etc. 26
4. In the above circumstances, we find that the following direction at this stage shall meet with ends of justice.
(i) Fee Regulatory Committee shall submit the report as declared before this Court by 15th April, 2017 in respect of the colleges for whom proposal has already submitted.
(ii) Petitioners herein shall be at the liberty to make applications for fixation of fees, if not made, within 10 days from today to the Fee Regulatory Committee.
(iii) Fee Regulatory Committee shall also examine such proposal and the report shall be submitted by the end of April, 2017.
After the aforesaid report is submitted, unless there is prohibitory order of any competent forum, the 27 State Government shall do the needful for fixation of the fees as per the report of the Fee Regulatory Committee in accordance with law.
It is observed that in cases where the respective colleges have not entered into consensual agreement, it would be required for the Fee Regulatory Committee to examine the proposal and make appropriate report in accordance with law, for fixation of the fees to the State Government and State Government shall notify the fees in accordance with law.
Petitions are disposed of accordingly.
SD/-
JUDGE SD/-
JUDGE *sp