IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.18143 OF 2019 (EDN-RES) BETWEEN:
M.S.Ramaiah University of Applied Sciences, Having its Registered Office at University House, New BEL Road, MSR Nagar, Bengaluru-560054. Represented by its Registrar Sri.N.C.Shekar S/o P Narayanaswamy, Aged about 59 years. … Petitioner (By Sri. Shashikiran Shetty, Sr.Advocate for Smt.Latha S Shetty Advocate for petitioner) AND:
1. State of Karnataka, Department of Higher Education, 6th Floor, M.S. Building, Ambedkar Veedhi, Bengaluru-560001. Represented by its Principal Secretary.
2. State of Karnataka, Department of Health and Family Welfare, Dr.Ambedkar Road, Bangalore-01.
Represented by Secretary 3. Directorate of Medical Education, Anand Rao Circle, Bengaluru-560009. ... Respondents (By Sri. Vasanth Fernandies, AGA) This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to quash the Government Order dated 08.03.2019 passed by the respondent No.2 as the same is highly arbitrary, illegal and without authority of law (Annexure-A) and etc.
This petition coming on for preliminary hearing in ‘B’ group this day, NARAYANA SWAMY J, made the following:
ORDER Heard Sri. Shashikiran Shetty, Senior Counsel for petitioner and Sri. Vasanth Fernandies, learned AGA for the respondents.
2. Petitioner-M.S.Ramaiah University of Applied Sciences is a private university preferred this petition challenging the order dated 08.03.2019 passed by the 2nd respondent in which fee has been fixed for medical and dental post graduation courses for the year 2019-20. The action of the respondent No.2-Government in imposing fee structure under government order in No.HAKUKA 52 RGU 2019 (3) Bangalore dated 08.03.2019 is contrary to the Government Notification dated 30.12.2013 under Karnataka Act 15 of 2013 in which under Section 38 of Fee Regulation Committee has been constituted consisting of eight members under the chairmanship of Hon’ble retired Supreme Court and High Court Judges, Chancellor, Vice-Chancellor of the University, Principal Secretary or Secretary to Government in charge of Higher Education or by his nominee not below the rank of Deputy Secretary, Principal Secretary or Secretary to Government in charge of Medical Education or by his nominee not below the rank of Deputy Secretary, two academicians nominated by the Board of Governors of whom one shall be woman including a Chartered Accountant.
3. It is submitted by the learned counsel for the petitioner that as long as this mechanism is operating for fixing the education fee, Government cannot issue the order dated 08.03.2019 fixing the fee for medical courses. Hence, the impugned notification is to be set aside. Further, to direct the committee constituted under Section 38 of the MSR Act to prescribe the fee structure for these courses.
4. Learned AGA submits that the petition is to be dismissed on the ground that it is a government order dated 08.03.2019, the petitioner participated and filed this petition which amounts to estoppel. Hence, prayed for dismissal of the petition.
5. Having heard the learned counsel for the petitioner, learned AGA and on perusal of records, the petitioner university has been established by Act 15 of 2013 by the respondent, namely M.S.Ramaiah University of Applied Sciences undertaking the endorsement of applied University of Education in Technical, Health Management, Life Sciences and allied factors. The respondent No.1 by means of order dated 17.02.2014 has constituted a Fee Fixation Committee comprising of members under the Chairmanship of Retired High Court Judge to decide what should be the fees for different medical courses. As long as the Committee is functioning for the purpose for which it was constituted, the Government cannot prescribe the fees.
Under this circumstance, we hold that Government Order dated 08.03.2019 is contrary to Section 38 of the Act. It is submitted at the Bar that since students have already paid the fees prescribed under the Government Order dated 08.03.2019, we hold that it is not proper to disturb the students. For the said purpose, it is held that it shall be for the prospective and future fixation of fees, it shall be done as per Section 38 of M.S.Ramaiah University of Applied Sciences Act, 2012.
With these observations, petition stands disposed of.
SD/- JUDGE SD/- JUDGE JS/-