Court No. - 10
Case :- WRIT - C No. - 27900 of 2018 Petitioner :- Ujjwal Kumar And 4 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pankaj Kumar Mishra Counsel for Respondent :- C.S.C.,A.S.G.I.,Avanish Mishra
Hon'ble Vikram Nath,J.
Hon'ble Daya Shankar Tripathi,J.
Heard learned Counsel for the petitioners, Sri D. K. Tiwari, learned Standing Counsel for the State-respondents, Sri Anurag Yadav holding brief for Sri Mahendra Pratap, learned Counsel representing respondent No.2, Sri Anurag Sharma, Advocate holding brief for Sri Avanish Mishra, learned Counsel representing respondent No.3 and Sri Rakesh Kumar Mishra, learned Counsel representing respondent Nos.4 and 5.
The grievance of the petitioners is that presently they are students of 2nd year Post-Graduate Course in Medical Education in different branches, namely, Medicine, Paediatrics, Radiology & Pathology, Surgery, Obstetrics and Gynaecology at Saraswati Institute of Medical Sciences, Hapur. However, in the year 2018- 19, the respondent-Institution has demanded hefty amount of fees over and above the fee structure determined by the State. In this respect, the petitioners have given a representation addressed to the Director General, Medical Education & Training, Lucknow [Annexure - 10B to the petition]. A copy of the said representation is also marked to the Principal Secretary (Health & Family Welfare) and two other concerned.
In our considered opinion, it would be appropriate that the Additional Chief Secretary, Medical Education and Training (respondent No.1) to whom representation has not been given so far, upon a representation being submitted alongwith a certified copy of this order and also all supporting material as the petitioners may wish to rely upon, may proceed to take an appropriate decision in accordance with law, after affording due opportunity to the concerned authorities, in particular, the petitioners and the respondent No.7, i.e., Dean/Principal, Saraswati Institute of Medical Sciences, Hapur within a period of six weeks from the date of production of a certified copy of this order. It is further provided that in case the petitioners' contention is found to be correct, the Additional Chief Secretary would be free to take appropriate coercive action against the respondent No.7, as may be permissible under law.
At this stage, learned Counsel for the petitioner referring to notice dated 21.07.2018 [Annexure Nos.16 to 20 to the petition] issued by the respondent No.7 mentions that in case the demanded fees is not deposited, the petitioners' admission would be placed under suspension.
If the Institution does so and causes any obstruction in the study of the petitioners and it is found that the demand raised by the respondent-Institution as per the notice dated 21.07.2018 was contrary to the fees determined by the State and in excess of the prescribed fees, the Additional Chief Secretary will definitely take coercive action against the respondent/Institution and also ensure that the petitioners are allowed to continue their study and further also entitled to the damages and compensation for the harassment caused by the institution illegally.
The petition is disposed of accordingly.
Order Date :- 23.8.2018 lakshman [Daya Shankar Tripathi, J.] [Vikram Nath. J.]