Ghasidas University & Ors Vs. Sudiep Shrivastava & Ors.  INSC 924
(27 April 2009)
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2856 OF 2009 (@SPECIAL
LEAVE PETITION (CIVIL)NO.24539 OF 2005) CHANCELLOR, GURU GHASIDAS UNIVERSITY
& ORS. Appellant(s) VERSUS SUDIEP SHRIVASTAVA & ORS. espondent(s) WITH
C.A.NO.2857 OF 2009 @ SLP(C)No.3764/2006 WITH C.A.NO.2858 OF 2009 @
SLP(C)No.5479/2006 WITH C.A.NO.2859 OF 2009 @ SLP(C)No.7046/2006 WITH
C.A.NO.2860 OF 2009 @ SLP(C)No.5510/2006 WITH C.A.NO.2861 OF 2009 @
SLP(C)No.5580/2006 WITH C.A.NO.2862 OF 2009 @ SLP(C)No.5582/2006 WITH
C.A.NO.2863 OF 2009 @ SLP(C)No.5584/2006 WITH C.A.NO.2864 OF 2009 @
SLP(C)No.5585/2006 AND WITH C.A.NO.2865 OF 2009 @ SLP(C)No.5636/2006
for exemption from filing O.T. and impleadment are allowed.
Institute of Medical Sciences is a Medical College in Bilaspur in the state of
Chhattisgarh. This college is affiliated to the Guru Ghasidas University, who
is the appellant in the Civil Appeal @ Special Leave Petition (C)No.24539/2005.
The dispute in these appeals is regarding 2 quantum of fee payable by the
students. Some of the students had taken seats against payment seats and some
other students got admission against free seats. The students, who had secured
admission against payment seats, were initially directed to pay a fee of
Rs.2,50,000/-. Thereafter the Fee Committee appointed by the High Court fixed
the fee for payment seats at Rs.1,90,000/-. The appellant college demanded the
fee of Rs.1,90,000/- from the students who got admission against the payment
seats. This is opposed by the students on the ground that they are meritorious
students and they should have got admission against the free seats and not the
payment seats, and they are liable to pay only Rs.34,500/-, which is the fee
levied from the students, who got admission against free seats. Learned counsel
for the students also contended that in the institution there shall be only one
rate of fee payable by the entire students.
We considered the
rival contentions of the parties.
As the Fee Committee
prescribed the fee of Rs.1,90,000/- for the payment seats and the same was not
challenged by any of the parties neither before the High Court nor before this
Court, the same has become final and the fee fixed by the Fee Committee shall
be paid by the students who got admission for the academic years 2003-04 and
2004-05 against the payment seats.
We are told that some
of the students who got admission against payment seats had paid Rs.2,50,000/-.
The college is directed to refund the excess fee received from these students.
As regards some other
students who got admission in the year 2005-06, the State Government has, in
its affidavit at para 6 has stated that out of them 39 students who got
admission against payment seats and since now they have been treated as
students for free seats, they are liable to pay only Rs.34,500/-. We record the
said statement. The excess fee, if any, paid by these students may be adjusted.
3 The appeals are
disposed of accordingly and the judgment of the High Court is set aside. No
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