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3. In exercise of power conferred by Section 6(1) of the Act, vide notification dated 04.04.2008, the respondent No.1 constituted the „State Fee Regulatory Committee‟ to fix the fee for courses in Educational Institutions.

4. The Army College of Medical Sciences, appellant No.4, (hereinafter referred to as „ACMS‟) was established by Army Welfare Educational Society, appellant No.3, (hereinafter referred to as „AWES‟) in Delhi, exclusively for the wards of serving/retired Army personnel including the wards of war widows of Army personnel. Guru Gobind Singh Indraprastha University (hereinafter referred to as „GGSIP University‟) granted affiliation to ACMS. The first academic session of ACMS was to commence from 01.08.2008. On 14.08.2008 the respondent No.1 issued a notification whereby the Lt.Governor of Delhi granted permission to ACMS to allocate all the 100 seats in ACMS for the wards of serving/retired Army personnel including the wards of war widows of Army personnel. A prospectus was issued by ACMS for admission in the College pertaining to the academic session 2008-2009, the relevant portion whereof reads as under:-

6. In the meantime, a number of writ petitions under Article 226 of the Constitution of India came to be filed in the Delhi High Court and were listed before a learned Single Judge of this Court, challenging the allocation of all the 100 seats in ACMS for the wards of Army personnel. Vide judgment dated 26.09.2008, the learned Single Judge decided the said batch of petitions. It was held by the learned Single Judge that 79 out of 100 seats in ACMS be reserved for the wards of Army personnel and war widows and that remaining 21 seats be filled from out of the general category candidates on the basis of their merit obtained at the Common Entrance Test - 2008. It would be apposite to note the following portion of the judgment of the learned Single Judge:-

"44. The submission of learned counsel for the ACMS is that the AWES is investing its regimental funds and the army is providing the facility of its Base Hospital. These contributions have been made by the AWES, the Government and the Army for the wards of defence personnel, and not for subsidizing medical education for the general category students. It being a welfare measure, the respondent institute is not charging fee like other private institutes from its students. In my view, the general category candidates, who may be granted admission to ACMS, are not entitled to any concessional fee that ACMS may recover from other candidates, who are wards of army/ex-army personnel and war widows. Such students should be required to pay the fee that may be fixed by ACMS/AWES in accordance with the provisions of the Delhi Act No.80 of 2007."

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3. In light of above and in order to make this medical college financially viable, self sustainable and prevent it from closure, it is humbly requested that the proposed fee of Rs.4.73 lakhs and Rs.2.75 lakhs to be charged annually respectively from each 23 civilian student and from the wards of army personnel including ex-servicemen and war widows of army be approved.

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9. On the very next day i.e. 01.01.2009, AWES wrote a letter to the Secretary Higher Education, Directorate of Higher Education, Government of NCT of Delhi regarding the revision of the fee structure at ACMS, the relevant portion whereof reads as under:-