Sri Adesh Raj Singh @ Adesh Raj, Advocate v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11799 of 2025 ====================================================== Sri Adesh Raj Singh @ Adesh Raj, Advocate, aged about 26 years, male, S/oSri Harendra Prasad Singh, Advocate Patna High Court, R/O-Azad Nagar, P.S. Kankarbagh, District-Patna- 800020.
... ... Petitioner
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna. 2.
The Additional Chief Secretary, Health Department, Govt. of Bihar, New Secretariat, Patna.
3.
The Officer on Special Duty Health-cum-Officer In-charge, Education Fee Fixation Committee, State Health Society, Sheikhpura, Patna. 4.
The Chairman, Education Fee Fixation Committee, State Health Society, Sheikhpura, Patna.
5.
The Director, Radha Devi Jageshwar Medical College and Hospital, Turki, Muzaffarpur.
6.
The Director, Shree Narayan Medical Institute Hospital, Mahabir Nagar, Saharsa. 7.
The Director, Lord Buddha Koshi Medical College and Hospital, Saharsa. 8.
The Director, Netaji Subhash Medical College and Hospital, Bihta, Patna. 9.
The Director, Madhubani Medical College, Madhubani. ... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Shyam Sundar Kumar, Advocate For the Respondent No.5 & 7 :
Mr. Abhinav Shrivastava, Sr. Advocate Mr. Raushan, Advocate Mr. Arpit Anand, Advocate Md. Tauseef Waquar, Advocate For the Respondent No.8 :
Mr. Abhay Shanker Singh, Advocate For the Respondent No.9 :
Mr. Jagnnath Singh, Advocate Mr. Deepak Kumar, Advocate Mr. Padmanabh Kashyap, Advocate Md. Ghulam Mustafa, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 08-12-2025 The present writ application has been filed in the form of a Public Interest Litigation (PIL) for the following reliefs:
2/5 "i. For the issuance of appropriate Writ(s) hereby directing and commanding the authorities of the State Respondent No. 1, 2, 3, 5, 6, 7, 8 and 9 for complying the order dated 09.12.2024 and 30.12.2024 by proceeding up the meeting of the Educational Fee Fixation Committee (Respondent No. 4) to reduce the fee structure amount fixed between 6.94 to 15.50 lakhs for the MBBS course in the private institutes all over Bihar determining in light of the Judgement dated 20.09.2024 passed in C.W.J.C No. 11213 of 2023 in the matter of M/s Radha Devi Medical College as the Hon'ble Court was pleased to quash the fee structure for the sessions 2021-2026 at 7.98 lakhs. But the Education Fee Fixation Committee i.e.
Respondent No. 4 with collusion of the private medical colleges, the fee amount has been increased to just double at Rs. 15.50 lakhs by the Respondent No. 4 and the Radha Devi Medical College as Respondent No. 5 has now been neglecting the respondent No. 1, 2, 3 and 4 by increasing at Rs. 18.50 lakhs for 2024-2025.
ii. And further be pleased to direct the respondents for revision of the Fee structure for Rs. 18.50 lacs on the grounds that the fee has been increased from 7.98 lacs to 15.50 lacs illegally and arbitrarily surpassing the ratio of the Judgment in the PA Inamdar case which reflects the fixation of the fee amount as recognized and payable if the Education Fee Fixation Committee passes the same but the
3/5 Respondent Nos. 3 and 4 have applied unfair means as to extort the fee amount for the sessions 2022-2027.
iii. And for a direction to the State authorities to take coercive step against the Respondent No. 3 and 4 as well as the respondent-2nd set so that it may not charge the exorbitant fee structure and it must adopt the fee structure as Sessions 20212026. iv. To grant any other relief(s) which the petitioner may be entitled to in the facts and circumstances of this case."
2. The petitioner is aggrieved by the fixation of education fees pursuant to the report submitted by the Education Fee Fixation Committee, wherein the fee structure for the MBBS course has been determined. Further, the following statement has been made in paragraph 3 of the writ petition:- "That the petitioner is a Citizen of India and regular legal practitioner in the Hon'ble Court and at the sanction, he has equally active in raising voice against the inaction of the Govt. in humiliating equivalent fee structure for all private medical colleges in Bihar as per the orders passed by the Education Fee Fixation Committee, Respondent No.4."
3. The statement made in paragraph 3 of the writ petition does not satisfy the mandatory requirements prescribed
4/5 under Chapter XXI-CC Rules 6 & 7 of the Patna High Court rules, 1916, which reads as under:- "6. To facilitate the aforesaid purpose, a petitioner in a PIL shall state in clear terms the relief prayed for in paragraph-1 of the petition and grounds in paragraph-2. In paragraph-3, he must give a full and complete detail of himself to reveal his interest, credentials and qualification relevant for the PIL, alongwith a declaration that he has no personal interest, direct or indirect, in the subject matter of PIL. In addition, ordinarily, the petitioner is required to set out all relevant facts with supporting datas, reports etc.
7. After arriving at a prima facie satisfaction regarding credentials of the petitioner and correctness of the contents of the petition, if the Court finds that the petition was filed by busy bodies for extraneous or ulterior motives, the Bench may impose exemplary costs."
4. In view of the aforesaid, it is evident that the petitioner does not fulfill the qualifications required for filing the instant PIL. Moreover, no aggrieved person has approached this Court in respect of the grievance raised.
5. Consequently, the present writ application cannot be treated as a Public Interest Litigation (PIL).
6. Accordingly, the present writ application stands
5/5 disposed of.
7. Pending application(s), if any, shall stand disposed of.
(Sudhir Singh, ACJ) (Rajesh Kumar Verma, J.) Gaurav Kumar, Ibrar/- U