1
W.P.No.5141/11
Index Medical College Hospital The Admission and Fee Regulatory
& Research Centre Committee & others
1.4.2011
Shri R.K.Tripathi, Counsel for petitioner.
Shri P.K.Kaurav, Dy.A.G. for respondents.
This petition is directed against an order Annexure P/9 dated
7.8.2010 passed by the Admission and Fee Regulatory Committee by
which fee in respect of petitioner institution was fixed.
Learned counsel for petitioner submitted that the contentions
raised by the petitioner were not considered by the aforesaid
committee.
Shri Kaurav, learned counsel appearing for State submitted
that the aforesaid order was passed by the Admission and Fee
Regulatory Committee under Section 4 of the M.P. Niji Vyavsayik
Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan)
Adhiniyam, 2007 and under Section 10 of the same Act, a statutory
appeal is provided before the appellate authority headed by a former
judge of the High Court. It is submitted that as the petitioner is having
efficacious alternative remedy against the order Annexure P/9 dated
7.8.2010, this petition may not be entertained.
Though aforesaid contention is opposed by the petitioner, but
considering the fact there is remedy by filing a statutory appeal
against order Annexure P/9 where the petitioner can raise all the
contentions, at this juncture, this petition is not entertained and is
dismissed with liberty to the petitioner to avail remedy under section
10 of the aforesaid Act. To meet out any hardship to the petitioner
because of the limitation, we permit the petitioner to file such appeal
within a period of 30 days from today and in case of filing such appeal
by the petitioner within a period of 30 days from today, the appellate
authority shall consider the case in accordance with law without going
into the question of limitation.
No order as to costs. C.C. as per rules.
(Krishn Kumar Lahoti) (Smt.Sushma Shrivastava)
C. Judge Judge