Document Fragment View

Matching Fragments

.
Directions were issued by the Court to the State for afresh examination of the fee determined under 8.3.2017 notification. These directions were accepted by the State. The Fee Structure Committee was constituted by the State as per the directions issued in CWP 1502/2017. Various aspects involved in determination of the fee as per the requirements of the applicable statutes were deliberated by this Committee. Meeting of Fee Structure Committee was held. On 19.8.2017, a provisional fee structure was arrived at by the Committee constituted by the State on 11.8.2017 in terms of directions issued in CWP 1502/2017. A reading of the minutes of the meeting suggests that the fee structure arrived therein was to be treated as final subject to changes, which might be made in it based on studies of fee structure of private medical colleges in the other States.

4(vi) The record of the case also suggests that after the Minutes of the Meeting of the Fee Structure Committee were approved by the competent authority on 24.8.2017 and the Fee fixed thereunder was further approved by the Competent Authority on 26.8.2017 leading to its communication to the petitioner university on 28.8.2017 and passing of order dated 31.8.2017 in CWP 1502/2017, revised minutes of meeting dated 19.8.2017 were sent by the Member Secretary to the State on 30.8.2017( page 557 of the record) wherein though there was no change in the fee structure approved earlier but there were certain changes in respect of reservation/allocation of seats besides certain clerical errors/rectifications pointed out in the earlier notification of 28.8.2017 as is .

raised in respect of fee for the academic session 2016-17. Therefore the fee revision for the year 2016-17 is final and not to be interfered with.

Wards of the petitioners in CWP 22/18 & 1839/18 i.e. students of academic session 2017-18 admitted under the prospectus issued for the year 2017-18 reflecting the fee notified on 8.3.2017 had also undertaken to pay fee if any revised by the State in future. The fee revision for the year 2017-18, 2018-19 and 2019-20 proposed by the committee and as approved by the State under 28.8.2017/5.9.2017 notifications comes within 3 year ceiling fixed by Hon'ble Apex Court. The students admitted in the petitioner institute had been informed about the pendency of CWP 1502/2017 and that the fee paid by them will abide by any change in the fee structure as per orders passed in CWP 1502/2017. The students of academic session 2017-18 including wards of the petitioners in CWP 22 & 1839/2018 had also furnished following undertakings at the time of their admission during the pendency of CWP 1502/2017;-

The fee revised under notification dated 5.9.2017 was also incorporated in the prospectus for the years 2018-19 onwards. Since CWP 22/2018 had been filed in January 2018 on behalf of some of the students of the petitioner medical college therefore perhaps prospectus for the year 2018- 19 contained a note to the effect that the fee structure is subject to change by the State of HP.

.

The revision of fee pursuant to the directions of the Court accepted by the State of Himachal Pradesh, could be carried out only for next three academic sessions i.e. 2017-18, 2018-19 and 2019-20 and not beyond that. Therefore the Fee Structure Committee was not justified in fixing the fee beyond academic sessions 2019-2020. Consequently the same could not be approved under the notifications dated 28.8.2017/5.9.2017 beyond academic session 2019-20.