The Allahabad High Court has passed a judgment directing the Uttar Pradesh Fee Regulatory Committee to fix the fee for academic session 2024-25 in respect of the petitioner Institutions. This judgment was passed by Justice Alok Mathur, on August 17, 2024.
Facts of the Case
The petitioners are unaided private Medical Colleges who challenged the inaction of the State Government as well of the Fee Regulatory Committee in enhancing the fee to be charged from the students for various medical courses run by the petitioner Institutions for the academic session 2024-25.
For the academic session 2024-25, the Fee Regulatory Committee was constituted on 12.06.2024, but the Committee did not make any recommendations to the State Government. However, the State Government by means of Government Order dated 11.07.2024, extended the fee structure as determined for academic session 2023-24 to the academic session 2024-25.
The petitioners argued that the State Government’s extension of the previous year’s fee structure was unjustified as the Committee had not made any recommendations.
Key Issues
- Non-functioning of the Fee Regulatory Committee: The Committee was constituted late, and despite receiving necessary documents, failed to make any recommendations.
- State Government’s Overreach: The State Government issued the fee notification without recommendations from the Committee, exceeding its authority.
- Petitioners’ Legitimate Expectation: The petitioners argued that they had a legitimate expectation that the Committee would fulfill its statutory duty of determining the fees.
Court’s Decision
The Court held that the State Government’s order extending the previous year’s fee structure was invalid. It quashed the order, emphasizing that the State Government lacked jurisdiction to act without the Committee’s recommendations. The Court also emphasized the importance of the Committee fulfilling its statutory duties.
Directions Issued:
- The Fee Regulatory Committee shall proceed fix the fee for academic session 2024-25 in respect of the petitioner Institutions
- The petitioner Institutions are required to submit all the documents and the proposal, if not already done, by August 24, 2024.
- The Committee shall determine the fee for the academic session 2024-25 by September 21, 2024. It shall be open for the Committee to consider the request of the petitioner Institutions for enhancement of the fee in proportion to the rate of inflation on the fee determined for academic session 2021-22 as provided for in the order of this Court dated 14/08/2024.
- At the time of counselling the students will be informed about the fees determined for academic session 2023-24, which would be the provisional fee subject to the final fee determined by the Committee.
- Upon enhancement, the arrears would be payable by the students in instalments (half yearly/quarterly) depending upon the hike recommended by the Committee, which shall also determine the number of instalments to be paid by the students.
- The Chief Secretary, Government of U.P. to conduct an enquiry against the persons responsible for delay in constitution of the Fee Fixation Committee and also with regard to the failure of the Committee to make determination of fee. This enquiry must be concluded within a period of 2 months, and a copy shall be forwarded to this Court through its Senior Registrar.
The High Court has cautioned the State Government as well as the Fee Fixation Committee to proceed to determine the fee well in advance for the next session failing which they shall be liable to be proceeded in contempt.
