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SCA/13611/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13611 of 2010
With
SPECIAL
CIVIL APPLICATION No. 13760 of 2010
With
SPECIAL
CIVIL APPLICATION No. 13762 of 2010
With
SPECIAL
CIVIL APPLICATION No. 13850 of 2010
To
SPECIAL
CIVIL APPLICATION No. 13856 of 2010
=========================================
DHARAMSINH
DESAI UNIVERSITY THROUGH REGISTRAR & 1 - Petitioner(s)
Versus
JUSTICE
AKSHAY H MEHTA FEE REGULATORY COMMITTEE THRO' - Respondent(s)
=========================================
Appearance
:
SCA No.13611, 13760 and 13762/10
MR
ND NANAVATI with MR MITUL K SHELAT
for Petitioner(s)
MS
MANISHA LAVKUMAR for Respondent(s) : 1,
SCA
Nos.13850 to 13856/10
MR
ND NANAVATI WITH MR DC DAVE for the petitioners.
MS MANISHA LAVKUMAR for
Respondent(s) : 1
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 27/10/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
Since
common questions of facts and law arise in this group of petitions,
they have been heard together and are being disposed of by this
common order.
Petitioners
are trusts running educational institutions. They have questioned
the fee structure for the students in the respective colleges as
fixed by the Fee Regulatory Committee, respondent herein. The main
grievance of the petitioners is that though as per the
recommendations of the 6th Pay Commission, teaching and
non-teaching staff of the concerned colleges are required to be paid
higher revised salary, the Committee has not taken into account such
additional burden and has fixed the fee structure which is not
sustainable.
Previously
such issues had reached this Court, notably in Special Civil
Application No.9241 of 2010 and connected matters. This group of the
petitions came to be disposed of by order dated 1st
October 2010. Referring and relying on the previous order of similar
nature, the Division Bench made the following observations and
directions :
We have
noticed that in similar cases viz., S.C.A No. 3289/2009
{Rotary Foundation for Education & Learning & Anr.
v/s.
Justice RJ Shah (Retd.) Fee Committee} and analogous
cases, this Court has already decided the issue and passed Order on
23/03/2010, relevant portion of which reads as follow :-
“Firstly,
we find that in some of the cases though the petitioners had
requested for personal hearing, the same was not granted. Secondly,
though the petitioners-institutions are required to implement the
recommendations of the 6th Pay Commission for teaching &
non-teaching staff and revise their salary accordingly, such revision
has not been taken into consideration by the Committee in the fee
structure.
Considering
all these aspects of the matter, we are of the opinion that the
entire issue of fee-structure requires reconsideration by the
Committee. Under the circumstances, the impugned orders of fee
fixation in respect of each petition are set-aside. The matters are
remanded to the Committee for fresh consideration and decision in
accordance with law after hearing the petitioners. If the petitioners
give an undertaking that they will actually implement the
recommendations of the 6th Pay Commission for its teaching
as well as non-teaching staff, such additional burden shall also be
taken into account while deciding the fee structure afresh. Such
fresh orders may be passed expeditiously. Till such orders are passed
as mentioned above, the petitioners shall continue to collect same
fees from the students as they are collecting presently under the
orders of the Fee Committee.”
The
case of the petitioners’ being similar to the case of Rotary
Foundation for Education & Learning & Anr. [Supra] and
analogous cases, these cases are also disposed of with the
similar observation and direction. The Fee fixation as already made
in respect of each petitioners are set-aside, the matters are
remitted to the Fee Committee for fresh consideration and decision in
accordance with observation, as quoted above, after hearing the
petitioners. If the petitioners file undertaking that they will
actually implement the recommendations made by the 6th
Pay Commission for its teaching & non-teaching staff, such
additional burden shall also be taken into consideration while
deciding the fee structure afresh, the orders may be passed
expeditiously. Till such orders are passed, as mentioned above, the
petitioners shall continue to collect same fees from the students as
are collected presently under the orders of the Fee Regulatory
Committee. ”
Since
issues in this group of petitions is also identical, we are of the
opinion that similar directions need to be given in favour of the
petitioners also.
In
the result, all these petitions are disposed of requesting the Fee
Regulatory Committee to fix fresh fee structure for the concerned
academic years after taking into account the additional burden which
the colleges may have to bear upon implementation of the 6th
Pay Commission recommendations on their giving undertaking that
revised salaries are being paid. After verifying such details, the
Fee Regulatory Committee shall fix the fee structure for the
concerned colleges. The existing fee structure is therefore, set
aside. However, till such fresh decision is taken, it would be open
for the colleges to collect and if already collected retain the fee
as fixed by the Fee Regulatory Committee so far. Such fresh
decision may be taken expeditiously. If any of the petitioners seek
personal hearing, the same may also be granted.
These
petitions stand disposed of accordingly.
(S.J.Mukhopadhaya,
C.J.)
(Akil
Kureshi, J.)
(vjn)
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