Court No. - 39 Case :- WRIT - C No. - 39305 of 2010 Petitioner :- Ideal Institute Of Tech. Thr Vice Chairman Atul Jain Respondent :- State Of U.P. And Anr. Petitioner Counsel :- Anoop Trivedi Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
Learned counsel for the petitioner has pointed out that the
guidelines for fixing a fee structure for the private unaided
technical educational institution has been fixed by the Hon’ble
Apex Court in the matter of Islamic Academy of Education and
another Vs. State of Karnataka and Others (2003) 6 S.C.C. 697
and this Court has also dealt with the similar controversy in the
case of Smt. Shakuntala Educational & Welfare Society and
Others Vs. State of U.P. and Others 2009 (3) ESC, 1991 (All). It
is, therefore, his submission that the petitioner is also entitled for
the benefit as contained in paragraph Nos. 20 to 22 and 34 of the
judgment.
Learned Standing Counsel appearing for the respondents states
that it is not necessary to file a counter affidavit and the petition
may be disposed of at this stage.
The admission and Fee Regulation Committee constituted by the
State Government has, therefore, to reconsider the matter in the
light of the aforementioned judgment.
Accordingly, the writ petition stands disposed of finally at the
admission stage itself with the direction that the said committee
will call for the record and reconsider the matter in the light of the
aforementioned judgment and pass appropriate orders within two
weeks from the date of production of certified copy of this order.
Order Date :- 9.7.2010
SK