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Madras High CourtWP/13015/2018disposed of

Mahatma Gandhi Medical v. The Secretary To Government

2024-01-10Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.15294 of 2018 Mahatma Gandhi Medical College and Research Institute A Constituent Medical College of Sri Balaji Vidyapeeth, (Deemed to be University) Represented by its Legal Officer and Head (HR) Puducherry - Cuddalore Main Road, Pillaiyarkuppam, Puducherry - 607 402.

... Petitioner Vs.

1.The Secretary to Government of India, Ministry of Human Resources Development, Shashtri Bhavan, New Delhi 110 001.

2.The Secretary to Government of India, Ministry of Health and Family Welfare Department, Nirman Bhawan, New Delhi 110 011.

3.The Secretary, University Grants Commission, Bahadur Shah Zafar Marg, New Delhi 110 002.

4.The Secretary to Government (Health), Government of Puducherry, 5.The Deputy Secretary to Government (Health), Government of Pudhucherry, 6.The Under Secretary to Government (Health) Government of Pudhucherry, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records pertaining to the show cause notice dated 04.05.2018 under reference No.264/Health/H5/2017-2018 issued by the 5th respondent and quash the same. For Petitioner : Mr.L.Swaminathan For R1 & R2 : Mr.J.Madanagopal Rao Senior Panel Counsel For R3 : Mr.P.R.Gopinathan For R4 to R6 : Mr.A.Tamilvanan Additional Government Pleader

O R D E R

The show cause notice dated 04.05.2018 issued by the respondents is under challenge in the present writ petition.

2. The said show cause notice was issued by stating that the petitioner was directed to comply with the directions of the Hon'ble Supreme Court of India in Special Leave to Appeal (C) No.19315 of 2017 dated 16.04.2018 by collecting only Rs.10 lakh as fees from students during the academic year 2017-2018 and 2018-2019, till such time the matter is decided by the High Court of Madras.

3. The Additional Government Pleader appearing on behalf of the respondents 4 to 6 made a submission that the Educational Institutions further filed a petition before the Hon'ble Supreme Court of India, which is now pending with regard to the fixation of the fees for deemed universities in SLP.Nos.1935 and 1936 of 2021.

4. Thus, the Writ Petition stands disposed of subject to the final orders to be passed in the pending SLPs before the Hon'ble Supreme Court of India. No costs. Consequently, connected Miscellaneous Petition is closed. 10.01.2024 Jeni Index : Yes Speaking order / Non-speaking order To 1.The Secretary to Government of India, Ministry of Human Resources Development, Shashtri Bhavan, New Delhi 110 001.

2.The Secretary to Government of India, Ministry of Health and Family Welfare Department, Nirman Bhawan, New Delhi 110 011.

3.The Secretary, University Grants Commission, Bahadur Shah Zafar Marg, New Delhi 110 002.

4.The Secretary to Government (Health), Government of Puducherry,

5.The Deputy Secretary to Government (Health), Government of Pudhucherry, 6.The Under Secretary to Government (Health) Government of Pudhucherry,

S.M.SUBRAMANIAM, J.

Jeni 10.01.2024