{"id":164528,"date":"2007-03-19T00:00:00","date_gmt":"2007-03-18T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/thakare-vishnu-namdeorao-and-ors-vs-state-of-maharashtra-through-on-19-march-2007"},"modified":"2017-03-26T00:09:15","modified_gmt":"2017-03-25T18:39:15","slug":"thakare-vishnu-namdeorao-and-ors-vs-state-of-maharashtra-through-on-19-march-2007","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/thakare-vishnu-namdeorao-and-ors-vs-state-of-maharashtra-through-on-19-march-2007","title":{"rendered":"Thakare Vishnu Namdeorao And Ors. vs State Of Maharashtra, Through … on 19 March, 2007"},"content":{"rendered":"
Bombay High Court<\/div>\n
Thakare Vishnu Namdeorao And Ors. vs State Of Maharashtra, Through … on 19 March, 2007<\/div>\n
Equivalent citations: 2007 (4) BomCR 157, 2007 (109) Bom L R 1205<\/div>\n
Author: R Mohite<\/div>\n
Bench: S Mhase, R Mohite<\/div>\n<\/p>\n
<\/pre>\n
ORDER<\/p>\n
R.S. Mohite, J. <\/p>\n
Page 1207<\/p>\n
 1. Rule. By consent, Rule made returnable  forthwith.\n<\/p>\n
 2. This Petition has been filed by the students  of Pharmacy studying in various Pharmacy Colleges in the  State of Maharashtra impugning the fees fixed as  mentioned in the chart published by the Department of Technical Education on their website on 5th October,  2006. A perusal of the impugned chart which is at  Exhibit-K to the Petition indicates that the fees as  fixed by the Director of Technical Education were in  respect of 22 Pharmacy Colleges and the fees per term  was fixed either at Rs. 1,00,000\/- or at Rs. 1,25,000\/-,  depending on the College. As per the orders passed by  the Apex Court in the case of Islamic Academy of  Education and Anr. v. State of Karnataka and Ors.  and<\/a> in P.A. Inamdar v. State of  Maharashtra<\/a> (2005) 6 SCC 537, the fixation of fees  was required to be done after hearing the affected Colleges by a Special Committee which, in Maharashtra,  is known as the “Shikshan Shulka Samitee”.\n<\/p>\n
 3. From the Affidavit dated 17th April, 2007  filed on behalf of the Shikshan Shulka Samitee, it  appears that the question of admission into Pharmacy  Colleges in Maharashtra became the subject matter of a  Public Interest Litigation bearing No. 98 of 2006. On  25th September, 2006, the Maharashtra Association of  Pharmacy Colleges, which claims to have 24 members, out  of which 3 are minority colleges, informed the Pravesh  Niyantran Samitee, which is the other Samitee dealing  with the question of admissions, that it was not  possible for them to conduct the Common Entrance Test. In view of this declared inability on the part of the  Maharashtra Association of Pharmacy Colleges, the  Pravesh Niyantran Samitee directed the Directorate of  Technical Education to undertake the admission process  and this direction was given on 26th September, 2006.  Thereupon, the Directorate of Technical Education fixed  fees as mentioned in para (2) hereinabove.\n<\/p>\n
 4. This Petition thus came to be filed on 11th  October, 2006, impugning the fees as fixed by the  Department of Technical Education on the footing that  the said fixation had not been done by the Committee  appointed in accordance with the direction of the Apex  Court in Islamic Academy (supra).\n<\/p>\n
5. It appears that immediately after the filing  of this Petition, the Shikshan Shulka Samitee had fixed  a meeting on 12th October, 2006. By the date of this  meeting, only one Pharmacy College from Nagpur had filed  the necessary documents required for fixation of fees.  This College had submitted the Page 1208 documents on 17th August,  2006 and in respect of the said College, the fees had  already been fixed on 28th August, 2006, as Rs. 71,000\/ per annum. The other Pharmacy Colleges had chosen not  to furnish any documents to the Shikshan Shulka Samitee.  Faced with a situation where admissions had already commenced on 4th October, 2006, and the question of  fixation of fees could not be delayed any further as  also the fact that this Petition was filed in this  Court, the Shikshan Shulka Samitee treated the matter as  urgent and fixed a two tier fees as follows: (a) for  non-sponsored students Rs. 60,000\/- per year and (b) for  sponsored students Rs. 90,000\/- per year.\n<\/p>\n
6. After the fixation of the fees by the Shikshan  Shulka Samitee as aforesaid, the petitioners amended the  Petition and sought refund of the excess fees collected  from them. Their prayer was that the fees should be  collected in accordance with the quantum as fixed by the  Shikshan Shulka Samitee.\n<\/p>\n
7. Now, we have heard all the parties concerned.  On behalf of the respondent No. 5 i.e. Maharashtra  Association of Pharmacy Colleges it was contended that  the fixation of fees by the Shikshan Shulka Committee  was in violation of the directions given by the Apex  Court insofar as no hearing was given to the concerned  affected Colleges. It was sought to be contended that  the question, modality and procedure for granting  admission to the students in Pharmacy Colleges was under  a cloud and the matter was subjudice before this Court  and, in such circumstances, the necessary details for fixation of the fees could not be given and the schedule  as specified by the Apex Court in the case of Islamic  Academy (supra) could not be followed. We cannot accept  this explanation. Even assuming that the question of  admission procedures to be adopted for admitting  students into Pharmacy Colleges was subjudice before  this Court that by itself had no direct nexus with the  question of fixation of the fees as the concerned  Colleges which had with them the expenses incurred on  the infrastructure etc. could have and ought to have  forwarded all these documents to the Shikshan Shulka  Samitee and ought to have approached the Shikshan Shulka  Samitee well in time so that the fees as finally fixed  by the Shikshan Shulka Samitee could have been quoted in  the prospectus. This has not been done. Instead, it  appears that the Directorate of Technical Education,  which is supposed to fix the fees, proceeded to fix the  fees on a basis which has not been revealed to this  Court. We feel that the said fixation has been done  without proper authority of law, particularly in the  backdrop of the directions given by the Apex Court in  the case of Islamic Academy (supra).\n<\/p>\n
8. At the same time in the absence of any  material it appears that the Shikshan Shulka Samitee  bonafidely fixed the fees as they thought reasonable. It does appear that the Shikshan Shulka Samitee was  faced with a very difficult situation where there were  representations from students, the admission process had  already started and the Colleges had failed in their  duty to submit all necessary particulars before them.\n<\/p>\n
9. From the aforesaid Affidavit of the Shikshan  Shulka Samitee it is further evident that after their  decision dated 12th October, 2006, fixing the fees as  aforesaid, 13 more Colleges have now furnished  information required for Page 1209 fixation of fees. 10 other  Colleges including 3 minority Colleges have yet not  submitted the required information. In realisation of  the fact that the fees fixed by the Shikshan Shulka  Samitee was without any information and without hearing  the affected Colleges, a fair statement is made on  behalf of the Shikshan Shulka Samitee that on the basis  of the information already received by them from 13 more  Colleges and on the basis of the information which may  be furnished by any other College within a period of one  week from today, they will re-consider the question of  fixation of fees on the basis of the material before the  Samitee after hearing the affected Colleges and for the  Academic Year 2006-2007. The statement made is accepted  and in the circumstances, the following directions are  given:\n<\/p>\n
(a) That the Pharmacy Colleges in the  State of Maharashtra who are the Members of  respondent No. 5 and who have till date not  furnished the material for fixation of the  fees to the Shikshan Shulka Samitee are given  one weeks time to do so and within a period  of one week, they are directed to furnish all  such material as they would like to rely upon  for fixation of the fees to the Shikshan  Shulka Samitee.\n<\/p>\n
(b) If any College fails to furnish  material to the Shikshan Shulka Samitee as  per direction (a) above, then the fees as  fixed by the Shikshan Shulka Samitee vide  their decision dated 12th October, 2006 will  be binding upon them and they will not be  entitled to charge more fees than the  declared fees as decided by the Shikshan  Shulka Samitee on 12th October, 2006.\n<\/p>\n
(c) That it will be the responsibility of  the respondent No. 5 to inform about this  order to all its Members including those  Colleges which have so far not furnished information\/material to the Shikshan Shulka  Samitee.\n<\/p>\n
(d) That after a period of two weeks, the  Shikshan Shulka Samitee will hear the  concerned Colleges which have furnished the  information and any such party as it feels  necessary and decide the fees in respect of  the individual Colleges, as expeditiously as  possible. The fees so fixed will be  applicable for the Academic Year 2006-2007.\n<\/p>\n
(e) All the Pharmacy Colleges are directed  to refund the difference of fees between the  fees as fixed by the Directorate of Technical  Education and the fees as fixed by the  Shikshan Shulka Samitee in its meeting dated  12th October, 2006, if not already refunded.  The process of refund should commence  forthwith. Respondent No. 5 is directed to  communicate the requirement of refunding this  difference to all its 24 Members forthwith.  The process of refund should be completed  within a period of two weeks from today.\n<\/p>\n
(f) After the Shikshan Shulka Samitee fixes the fees in respect of each individual  Pharmacy College in the State of Maharashtra,  if the fess so fixed is more than what has  already been collected from the student, then  the College will be entitled to ask the  student to pay the additional fees within a  reasonable time which shall not be less than  two weeks from the date of communication of  demand to the student. If, however, the fees  fixed by the Shikshan Shulka Samitee is less  than what has already been paid by the  student then the concerned College will also Page 1210  be liable to make further refund to the  concerned student. This refund, if any, will  also be completed within a period of two  weeks from the date when the decision of the  Shikshan Shulka Samitee is communicated to  the respective Colleges.\n<\/p>\n
10. Rule is made absolute in the aforesaid terms.\n<\/p>\n
All parties to act on an authenticated copy of  this order. Certified copy expedited.<\/p>\n","protected":false},"excerpt":{"rendered":"
Bombay High Court Thakare Vishnu Namdeorao And Ors. vs State Of Maharashtra, Through … on 19 March, 2007 Equivalent citations: 2007 (4) BomCR 157, 2007 (109) Bom L R 1205 Author: R Mohite Bench: S Mhase, R Mohite ORDER R.S. Mohite, J. Page 1207 1. Rule. By consent, Rule made returnable forthwith. 2. This Petition […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[11,8],"tags":[],"class_list":["post-164528","post","type-post","status-publish","format-standard","hentry","category-bombay-high-court","category-high-court"],"yoast_head":"\nThakare Vishnu Namdeorao And Ors. vs State Of Maharashtra, Through ... on 19 March, 2007 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/thakare-vishnu-namdeorao-and-ors-vs-state-of-maharashtra-through-on-19-march-2007\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Thakare Vishnu Namdeorao And Ors. vs State Of Maharashtra, Through ... on 19 March, 2007 - 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