JUDGMENT Sunil Ambwani, J.
1. By this writ petition all the petitioners who have been adjusted in and are taking education in the State Medical Colleges in U.P., have prayed for a direction to quash the orders dated 8.1.2003 and 16.1.2003 passed by the State Government by which they have been required to pay the fees as per their selection on paid seats, at the rate of Rs. 1,26,500/- per year as against Rs. 14950/- paid by the students, who are admitted through competition.
2. All the petitioners were admitted to the Medical College, Azamgarh, established by All India Children Care and Educational Development Society. The College was de-recognition by the Central Government. The petitioners filed writ petitions and lost before this Court. The matter thereafter went up to Supreme Court. In Special Leave to Appeal (CC) 2478-99 of 1999 filed by Union of India v. All India Children Care Development Society and Anr., an interim order was passed directing the Society to admit only upto 50 students. A writ petition No. 8 of 2001 was filed by Ashish Pratap Singh and Anr. v. Union of India and Ors. with the averments that they have appeared and cleared the first professional examination held in the year 2000. When they joined the second professional, the teachers were not available for taking the practical classes. In Civil Appeal No. 3237 of 1999 directions were issued by the Supreme Court that if the college does not come up to the standards fixed under the 1999 Regulations, the Supreme Court will consider the closure of the college and pass appropriate orders with regard to absorption of the students in other college of Uttar Pradesh. The Medical Council of India and the concerned Directorate of Medical Education were required, on an application, to initiate necessary steps to accommodate these students who had passed the first professional examination in State Medical Colleges. Taking into account the recommendations, the Supreme Court passed the following orders on 19.12.2002:
" In these circumstances, we direct on the special fuels of the case;
(1) The MCI and the Directorate General of Medical Education of U.P. to work out a solution in such a manner that all the students be accommodated in respect of whom directions have been given in these -matters in respective colleges in the second professional examination.
(2) The seats that have to be provided to these students shall be allocated in different colleges after finding out the total infrastructure available in each of the college which shall be adjusted over the time by reducing the intake in the next years so that the overall strength of the college does not get enhanced and the infrastructure is available to the students within the intake allocated to the college. For example if the intake of the college is 50 in the first year, all of them may not necessarily get through to the second year and so on. With resultant vacancies as long as the admissions are within the total intake of such college though in some year/class intake is slightly less or more the MCI shall deem that its regularisation have been fulfilled.
(3) The MCI and the Directorate General of Medical Education of U.P. shall comply with this process and make a report to this Court on 14.1.2003. List the matter on 14.1.2003. The Director General Medical Education and Training U.P. shall be present in person on that date.
3. In pursuance of the orders of the Supreme Court, the petitioners were adjusted in the State Medical College. Directions were issued on 8.1.2003 for charging the same fees as they were paying to the college from where they were transferred and that these adjustment shall not be treated as precedent. A Contempt petition was filed in Supreme Court in writ petition No. 8 of 1991 in which notices were issued. The contemnors were discharged on 14.2.2003. The petitioner did not raise any issue with regard to payment of fees before the Supreme Court in any proceedings.
4. In this writ petition by interim orders dated 2.12.2003 and 18.12.2003 respondents were required to file counter affidavit and that for limited period, the petitioners were permitted to deposit the fees payable for free seats applicable to the State Medical College.
5. It is contended by learned counsel for petitioner that the petitioners were running from pillar to post for three years after which they were admitted to State Medical College. They were initially admitted in pursuance of counselling after they appeared in CPMT Examination 1998. Once they had have been adjusted in the State Medical Colleges, they should be charged the same fees which is charged from all other students of State Medical Colleges as the State is not incurring any extra burden, and has not created any extra seats for them. It is lastly argued stated that in some of the cases the State Government has passed orders exempting the students admitted on paid seats to pay the fees applicable to free seat.
6. In the counter affidavit of Dr. K.C. Rastogi, Professor and OSD in the office of Director General Medical Education and Training U.P. Lucknow, it is stated that the Medical College Azamgarh was not de-recognized. The legal proceedings went up to Hon. Supreme Court and in compliance with the order of Hon. Supreme Court dated 19.12.2002, in special circumstances, the petitioners were accommodated in State Medical Colleges. On 8.1.2003 a Government Order was issued providing that the students so accommodated would continue to pay the same fee as they were to pay in the de recognized Medical College, Azamgarh. The petitioners were selected and had joined on the payment seats in the Medical College, Azamgarh. The orders dated 8.1.2003 adjusting the petitioners in the said Medical College, were passed in pursuance of directions of Hon. Supreme Court.
7. I have considered the submission and find that the petitioners have received the benefits given under orders of Hon. Supreme Court. The petitioners did not raise any issue regarding the fee structure in the Supreme Court. The petitioners were admitted in the Azamgarh Medical College on payment seats. Although some of the students were admitted by counselling but they were far below in the merit list of CPMT 1998. They could not have been admitted on free seats on their own merits. The hardships suffered by them in proceedings before the Courts of law for three years was mitigated by providing them admission in the appropriate year in the medical college.
8. In the judgment of this Court in Special Appeal No. 368 (M/S) 2001 Director General Medical Education and Training U.P. Lucknow v. Amit Kalra decided on 9.11.2001, absolutely no reasons were given in issuing direction that students of private Dental College will be accommodated in other Colleges on free seats. This issue was neither raised, nor decided by the bench.
9. Sri Mahendra Pralap, learned Standing Counsel is correct in submitting that by an affidavit of Mahesh Chandra Sharma filed in contempt petition No. 344 of 2002 in writ petition No. ( c ) 8 of 2001 between Ashish Pratap Singh v. Dr. Mrs. M Sachdeva and Ors., it was clearly stated in para 3 that all the students who have been accommodated are governed by Government Order No. 31/71-3-2003-142/19% dated 8.1.2003 issued by the State Government in the matter of payment of fees by these students. The contempt petition was disposed of on 14.1.2003. The petitioners did not raise any issue regarding fees before Supreme Court. It is thus apparent that all the petitioners who were admitted on paid seat were required to pay same fees which they would have otherwise paid, had they continued with the Azamgarh Medical College.
10. Shri MahendraPratap Singh has provided a list which shows that in writ petition No. 41480 of 2003 the petitioner Nos. 1 and 5, were admitted to Azamgarh Medical College in the Management quota (General), and petitioner Nos. 2, 3 & 4, on Management (NRI) quota. In writ petition No. 57047 of 2003, the petitioner Navneet Kumar was admitted on paid seat in Other Backward Class Category. In writ petition No. 3319 of 2004 petitioner Nos. 1, 2 & 3 were admitted on Management quota in NRI, Scheduled Caste and General Category respectively, and petitioner Nos. 4 and 5 on paid (General) Category, and in writ petition No. 9010 of 2004, the petitioner No. 1 was admitted in Management quota ( Other Backward Class) and petitioner No. 2 in Management quota (NRI) Category. All the petitioners were thus admitted on paid seats in Azamgarh Medical College and that their categories were not changed by either the Court or the State Government.
11. The submission that some of the students admitted to paid seat have been converted to free seats, does, not merit any consideration as these orders were made on the instruction of some State Minister of Housing in the Government of U.P. who had absolutely no concern and authority over the matter. The petitioners were adjusted in pursuance of directions of the Supreme Court and did not raise any objection or protest at the time of their admission in State Medical Colleges. Any illegal action by the Medical Education Department on the advice and recommendation of a politician and for which cannot be a precedent to grant the same relief to the petitioners. Two wrongs do not make one right. The petitioners were not admitted on their merit in Combined Pre Medical Test 1998, comparable with other students on free seats. They were admitted on paid seats and they must continue in the same category.
12. The writ petitions are consequently dismissed. The petitioners, however, shall be allowed facility to pay balance of their fees in three equal instalments spread over six months.