L HIGH COURT OF CHHATTISGARH AT BILASPUR Division Bench: Hon'ble Shri Dhirendra IVlishra^& Hon'ble Shri R.N. Chandrakar, JJ WritPetition Np.^393 of 2005 Petitioners 1. Smita Jangde, D/o. Mr. G.R. Jangde aged about 19 years. 2. Akansha Shivhare D/o. Mr. Rohit Kumar Shivhare, aged about 20 years. 3. Mimansha Patel, D/o. Dr. G.D. Pate, aged about 19 years. 4, Amit Agrawal, S/o. Ramesh Agrawal, aged about21 years. 5. Ranjeet Chhabara S/o. Satnam Singh Chhabara, aged about 19 years. 6. Manali Gupta, D/o. Mr. D.K. Gupta, aged about 21 years. 7. Somya Jaiswal, D/o. Mr. S.N. Jaiswal, aged about19 years 8. Humera Parvez, D/o. Dr. Mr. Parvez Akhatar aged about 20 years. 9. Pushpanjali Sahu, D/o. Mr. R.P.Sahu, aged about 20 years. 10. S. Preeti Prakash, D/o. Mr. S. Prakash, aged about 21 years. 11. Shivani Bhatnagar D/o. Mr. Sarvagya Bhatnagar, aged about 20 years. 12. Chira Lakhotiya, D/o. Mr. C.B. Lakhotiya, aged about 19years 13. Priyal Pathak s/o. Mr. Sunil Pathak, aged about 20 years. 14. Ashish Talreja, S/o. Mr. C.R. Talreja aged about 20 years. 15. Gaurav Tripathi S/o. Mr. Awadh Tripathi aged about 19 years 16. Nidhi Sahu', D/o. Mr. P.L. Sahu, aged about 22 years. 17. Shrabani Moifra, D/o. Mr. K.K. Oitra, aged about 20 years 18. Garima Singhal, D/o. Mr. Dinesh Singhal aged about 20 years 19. Priyanka Khatik, D/o. Mr. C.L. Khatik, aged about 20 years 20. Priyanka Batavia, D/o. Mr. B.B. Batavia aged about 21 years. 21. Archana Paikara D/o. Mr. G.R. Paikara, aged about 22 years. 22. Shephali Singh, D/o. Mr. Dr. S.R. Singh, aged about 22 years 23. Namita Singh, D/o. Mr. M.R. Singh, aged about 22 years. 24. Neha Garg, D/o. Mr. K.K. Agrawal, aged about 21 years 25. Akansha Garg, D/o. Mr. Prahlad Garg, aged about 19 years. 26. 27. 28. 29. 30. 31 32. 33. 34. 35. 36. 37. 38. 39. 40. 41 42. 43. 44. 45. 46. 47. 48. 49. 50. 51 52. 53. Farhana Parveen D/o. Mr. Mohd. Salbar Ahmed aged about 21 years Pranita Agrawal, D/o. Dr. Mr. Praveen Agrawal, aged about 18 years Neha Nihlani D/o. Mr. P. Nihlani, aged about 21 years. Jyoti Singh D/o. Mr. Pramod Singh, aged about 21 years. Khusbu Agrawal, D/o. Mr. Rajbeer Prasad Agrawal, aged about 22 years Sonali Soni, D/o. Mr. J.L. Soni, aged about 20 years. Aditi Kashyap D/o. Mr. T.P. Kashayap, aged about21 years. Mandeep Kaur D/o. Late Mr. S. Harbhajan Singh, aged about 19 years Preeti Sharma, D/o. Dr. Mr. L.D. Sharma, aged about19 years Nirav Rathore, s/o. Mr. Sharad Rathore, aged about 19 years Nimisha Virani, D/o.Mr. M.K. Virani, aged about19years. Deepali Jain, D/o. Dr. Mr. M.K. Jain, aged about 19years Punit Gupta, S/o. Mr. Chandr Mohan Gupta, aged bout 18 years Rohani Yadav, D/o. Mr. Ashok Kumar Yasdav, aged about 19 years Anjali Shrivastava, D/o. Mr. M.M. Shrivastava, aged about 21 years. Sonali Jain, D/o Mr. Harish Jain, aged about19 years Gorav Jotwani, S/o.Mr. Basudeo Jotwani, aged about 20 years Sudhir Rawlani, S/o. Dr. Mr. Shivlal Rawlani, aged about 19 years. Namrata Kankariya, D/o. Mr. S.K. Kankariya, aged about 19 years Saket Dubey, S/o.Mr. Sulabh Dubey, aged about 20 years. Astha Dixit, D/o. Mr. Arvind Dixit, aged about 18years. Priyanka Parihar, D/o.Mr. D.S. Parihar, aged about 19 years. R. Subha Rao, s/o. Mr.R.Ravindra Nath, aged about 19 years. Salu Likhmaniya.D/o. Mr. Naresh Likhmaniya, aged about 19 years Garima Tiwari, D/o. Smt. Archana Tiwan, aged about19years. Madhuri Patel, d/o. Mr. T.P. Patel, aged about21 years. Paresh Soni, S/o.Mr. N.D. Soni, aged about 23 years. Arpita Pillai, D/o.Dr. Mr. N.R.G. Pillai, aged about 20 years. Gagan Deep Chawla, D/o. Mr. B.S. Chawla, aged about 19 years. Respondents 55. Uma Rohar, D/o. Mr. A.K. Rohara, aged about 18years 56. Vaibhav Sharma, S/o. Mr. O.P. Sharma, aged about 19 years. 57. Vivek Lath, S/o. Mr. Shyam Sunder Lath, aged about 19 years. All are Student of llnd Year BDS, Chhattisgarh Dental College & Research Institute, Sundra, Rajnandgaon (C.G.) State of Chhattisgarh, Secretary, Department of Health and Family Welfare, Mantralay, D.K.S. Building, Raipur (C.G.) Dental Council of India, New Delhi, through Secretary, A-I-E- Galib Marg, Kolta Road, Temple Lane, New Delhi (India) Chhattisgarh Dental College & Research Institute run by Youth Foundation of India, a Society through its Secretary, Sundra, Rajnandgaon (C.G.) Writ Petition No. 5544 of 2005 vs. 1. 2. 3. Petitioners 1. vs. GDR Educational Society Rungta Educational Campus, GE Road, Ganjpara, Durg (Chhattisgarh) 491 001 . Rungta College of Engineering & Technology, Kohta-Kurud Road, Kurud, Bhilai^t90024 (Chhattisgarh) Respondents Petitioners 1. State of Chhattisgarh Through the Secretary Department of Higher Education D.K.S. Bhawan, Mantralaya, Raipur (Chhattisgarh) 2. Committee Appointed by the respondent State in pursuance of orders made by h4on'ble the Supreme Court of India in the case of Islamjc Academy of Education & others Vs. State of Karnataka and others C/o. Secretary, Department of Higher Education, D.K.S. .Bhawan, Mantralaya, Raipur (Chhattisgarh) Writ Petition No. 5764 of 2005 1. Shweta Kabra, D/o. Mr. Ramesh Chan Kabra aged about 21 years, R/o. Sadar Road, Nawapara Rajim. 2. Kanchan Choudhary D/o. Mr.P.S. Choudhary, aged about 21 years, resident of Quarter No.B/4, Hospital Colony, Bishrampur, Surguja (CG) 3. Shalini Choubey D/o. Shri R.N. Choubey, aged about .20 years, resident of Vakil Colony, Behind Civil Court, Surajpur. 4. Tripti Agrawal.D/o.Ashok Agrawal, aged about 20 years, resident of Near Pratap Talkies, Saraswati Nagar, Bilaspur. 5. Preeti Adil, D/o.Shri Balmiki Prasad Adil, aged about 21 years, resident of C/o B.P. Adil, Quarter No.SD, Street No.454, Sector 10, Bhilai, District Durg (CG) 6. Dipti Nawlakha D/o. Mr. M.L. Nawlakha, aged about 19 years, resident of Near Sadar Bazaar Rajnandgaon (CG) 7. Nidhi Dagu d/o. Shri Mohan Lal Ji Dagu, aged about 21 years, resident of C/o. Shri Ramdeo Agency, Nandai Chowk, Rajnandgaon (CG). 8. Komal Jain D/o. Mr. Shanti Lal Jain, aged about 22 years,resident of Geeta Bhawan, Ashwani Nagar, Raipur. (CG) 9. Sufoa Parveen D/o. Shri M.J. Ansari, aged about 21 years, resident of Avanti Vihar, Sector 1, C-3, Raipur (CG) 10. Sweta Singh.D/o.Shri Dhanraj Singh, aged about 21 years, resident of C/o. D.R. Singh, (SE) Civil, Quarter No.13, 9 No.Colony,District Umaria. 11. Akansha Uboweja, D/o.l.S. Uboweja, aged about 21 years, resident of C/o. Inder Singh Bagga, Mana Mandir Chowk, Rajnandgaon (CG) 12. Deepti Sharma, D/o.Shri Pramod Kumar Sharma, aged about 19 years, resident of F-19, Civil Lines.Rajnandgaon (CG) 13. Bhawna Chandwani, D/o. G. Chandwani, aged about 20 years, resident of 30,MLNN (Old) Bhilai (CG) 14. Purva Khandelwal, D/o. J.K. Khandelwal, aged about 20 years, R/o. Main Road, Waraseoni, District Balaghat (MP) 15. Manasi Tripathi, D/o. Shri D.N. Tripathi, aged about 20 years, resident of Amrit Sagar colony, Kargi Road, Kota District Bilaspur. 16. Honey Sonchhatra D/o. Shri Pramod sonchhatra, aged about 21 years, resident of CM-2,Kailash Nagar, Rajnandgaon (CG) 17. Harsh'rta Vijayvargia D/o. Shri S.K. Vijayavargiya, aged about 21 years, resident of B-Block, 315-316, Vijeta Complex, New Rajendra Nagar, Raipur (C.G.) 18. Pragya Bharati Ramteke.D/o. Shri K.R. Ramteke, aged about 23 years, resident of Bharahapara, Rajnandgaon (CG) 19. Pragyua Jaiswal, d/o. Shri Prakash Jaiswal, aged about 21 years, resident of Prakash Fancy Cloth Store, Main Road, Baikunthpur District Korea (CG) 20. Sachin Kumar Ahirwar, s/o. Shri R.C. Ahirwar, aged about 20 years, resident of Patna District Korea (CG) 21. Shilpi K. Pandey, D/o. Dr.K.Pandey, aged about 21 years, resident of Vivek Viila, Industrial Area, Raipur (CG) 22. Swapnil Diwarishi.D/o. Shri P.D. Diwarishi, aged about 21 years, resident of Shanker Nagar, t.V. Tower Road.Raipur (CG) 23. Deepika Phatnani, D/o. Dr. T.C. Phatnani, aged about 21 years, resident of Geeta Nagar.Choubey Colony, Raipur (CG) 24. Namita Agrawal, D/o. Shri Ashok Kumar Agrawal, aged about 21 years, resident of E-2 EAC Colony, behind Collectorate.Raipur (CG) 25. Sonal Jain D/o. Shri Narendra Jain, aged about 21 years, Engineers Enterprises, Ramadin Marg, Rajnandgaon (CG) 26. Mahesh Motlani S/o. Shri V.D. Motlani, aged about 22 years, resident of Lal Bagh, Sindhi colony, Street No.3, Rajnandgaon (CG) 27. Vijay Agrawal, S/o. Shri Om Prakash Agrawal, aged about 22 years, resident of Mahalaxmi Rice Mill, Mowa,Raipur (CG) 28. Manisha Agrawal, D/o. Shri S.K. Agrawal, aged about 22 years, resident of Main Road Janjgir District Janjgir Champa (CG) 29. Sheetal Agrawal, D/o.Shri Ghanshyam Agrawal, aged about 23 years, resident of Chandra Mexical Agency.Lal Tanki Chowk, Raigarh (CG) 30. Smriti Goswami, D/o.Shri M.G. Goswami, aged about 20 years, resident of R-13, Adarsh Nagar Colony, Durg (CG) 31. Abhilasha Dubey, D/o. Dr.Durendra Dubey. Aged about 21 years, resident of Shivam Vidhut Nagar Borshi Road,Durg (CG) 32. Sonal Agrawal, D/o.Shri Suresh Agrawal, aged about 22 years, resident of C/o. Satyanarayan Agrawal, near Railway Crossing, Raigarh (CG) 33. Lami Khandelwal.D/o. Dr. N.L. Khandelwal, aged about 20 years, resident of Civil Lines, Dhamtari. (CG) 34. Sonia Nath D/o. Dipak Kumar Nath, aged about 20 years, resident of 178, Shanker Nagar, Durg (CG) 35. Dig Vijay Shashi,S/o. Umesh Chandra Shashi, aged about 21 years, resident of IOC Complex.North Vasundhra Nagar, Near Sirsa Gate, Bhilai-3 Durg 36. Vijjayta Sharva, D/o/Dr.D.S. Sharva, aged about 21 years, resident of B-109,110 Vijeta Complex, New Rajendra Nagar, Raipur (CG) 37. Ramanpal Singh Makkad,S/o. S.lndrajeet Singh Makkad, aged about 22 years, resident of Gurdwara Wardjakhatpur, District Bilaspur. Vinay Bhatnagar, S/o. Shri J.D. Bhatnagar, aged about 23 years, resident of Surguja Distt. Ambikapur (CG) 39. Vaibhav JainS/o. Dr.Suresh Jain, aged about 20 years, resident of Jain Nursing Home, Ganesh Chowk, Dhamtari (CG) 40. Virendra Singh Rai, S/o. Shri Rajendra Singh Rai, aged about 23 years, resident of C/o. Rajendra Singh Rai, Government Hospital, Nagari. 41. Shashi Ahirwar,S/o. Shri K.L. Ahirwar, aged about 23 years, resident of Baikunthpur, Koriya (CG) 42. Renu Yadav,D/o.Shri S.S. Yadav, aged about 21 years, resident of A.V. Road.Near to Power House, Indore (MP) 43. Shaheen Hamdani, D/o.Shri Ahmad Hamdani, aged about 22 years.Nehru Nagar, Distt. Durg (CG) 44. Shashank Shrivastava, S/o.Shri A.K. Shrivastava, aged about 19 years, resident ofKrishnakunj, 1271, NapierTown.Jabalpur (MP) 45. Gunjan Agrawal.S/o. Shri O.PAgrawal, aged about 23 years, resident of Main Chowk, Shivrinarayan, District Bilaspur (CG) 46. Sourab Jain.S/o.S. Jain,aged about 23 years, resident of Arihant Medical ,Gol Bazar, Mungeli (CG) 47. Saurab Bhandari, S/o.Shri aged about 22 years, BDS,Rajnandgaon (CG) 49. Rajesh Poptani, S/o.Shri aged about 23 years, Naharpara, near Railway (CG) 50. Hemant Sahu, S/o.Shri Laxmanlal Sahu,aged about 23 years, resident of Pachpedi Naka Chowk.Raipur (CG) 51. Alok Sahu,S/o. Shri Ashok Sahu, aged about 22 years, R/o. Samta Colony, Raipur (CG) 52. Satyam Prakash Gupta, S/o. Shri G.P. Gupta, aged about 23 years, resident of Ramanujganj, District Surguja (CG) 53. Dinesh Agrawal, S/o. Shri Babulal Agrawal, aged about 22 years, resident of Manish Medical Store, Main Road, Saraipali (CG) 54. Prashant Naukarkar S/o. Vasant Rao Naukarkar, aged about 21 years, resident ofAt postAsgaon, Bhandara (MH) 55. Ashish Agnihotri s/o. Shri J.P. Agnihotri, aged about 23 years, resident of Aditya Nagar Housing Board Durg (CG) 56. Nisheet Singh s/o. Shri Yash Raj Singh, aged about 23 years, resident of 29/38 Civil Line, Raipur.(CG) 57. Praveen Saroj, 0/o.Shri C.L. Saroj, aged P. Bhandari, Student of H.D. Poptani, resident of Station Raipur Respondents Petitioner about 23 years, resident of Mahima Vihar, PlotNo.10, Bilaspur(CG) 58. Namrata Lunia, D/o. Jasrajji Lunia, aged about 21 years, resident of Oswal Electricals, Dallirahara, District Durg (C.G) 59. Smita Baid, D/o. Shri Ashok Baid, aged about 20 years, resident of Sadar Bazaar, Dhamtari (CG) 60. Varsha Chopra, D/o.Abhay Chopra, aged about 20 years, resident of N.C.Jweller's Goel Bazaar Dhamtari (CG) 61. Shweta Poddar,D/o. Shri Arvind Poddar, aged about 24 years,resident of Sunder Nagar, Raipur (CG) 62. Pradeep Soni, S/o.Parasnath Soni, aged about 23 years, resident of M/215, Bhatgaon Colliery District Surguja (CG) 63. Manu Katre, S/o. Dr. Y.R. Katre, aged about 21 years, resident of 27, Professor Colony, Nehru Nagar,West Bhilai (CG) 64. Pallavi Choure D/o. Shri S.L. Choure, aged about 20 years, resident of Dam site Colony.Gangrel, District Dhamtari (CG) 65. Ujjwal Pandey, S/o.Vijay Shankar Pandey, Aged about 22 years, R/o. Bhilai.distt. Durg (C.G.) 66. Anshul Sharma, S/o. Sunil Sharma, Aged about 22 years,R/o. Civil Lines, Raipur (C.G.) 67. Nikhil Jain,S/o. J.K. Jain, Aged about 22 years, R/o. Ganj Para, Distt. Durg (C.G.) Versus 1. State of Chhattisgarh, Secretary, Department of Health and Family Welfare, Mantralaya, DKS Building, Raipur (CG) 2. Dental Council of India, New Delhi through the Secretary, A-I-E, Galib Mard, Kolta Road Temple Lane, New Delhi (India) 3. Chhattisgarh Dental College & Research Institute, run by youth Foundation of India, a society through its Secretary Sundra, Rajnandgram (C.G.) Writ Petition (C) No. 302 of 2009 Isha Samaiya, aged about 24 years, D/o. Shri R.K. Samaiya, Student of Bachelor of Dental Surgery, Chhattisgarh Dental College & Research Institute, R/o. 27/16, Sheetalpuri colony, Baldeobagh, Chowk, Jabalpur(M.P.) Respondents vs. 1. State of Chhattisgarh Through the Secretary Department of Health Mantralaya, D.K.S. (Chhattisgarh) & Family Welfare, Building, Raipur 2. Dental Council of India, New Delhi through the Secretary, A-I-E, Galib Mard, Kolta Road Temple Lane, New Delhi (India) 3. Chhattisgarh Dental College & Research Institute, run by youth Foundation of India, a society through its Secretary Sundra, Rajnandgram (Rajnandgaon)(C.G.) Writ Petition (C) No. 5028 of 2006 Petitioners •1. vs. Respondents GDR Educational Society Rungta Educational Campus, GE Road, Ganjpara, Durg (Chhattisgarh) 491 001. Rungta College of Dental Sciences and Research, Rungta Educational Campus, Kurud, Kohka road, Bhilai (Chhattisgarh) State of Chhattisgarh Through the Secretary Department of Higher Education D.K.S. Bhawan, Mantralaya, Raipur (Chhattisgarh) Committee Appointed by the respondent State in pursuance of orders made by Hon'ble the Supreme Court of India in the case of Islamic Academy of Education & Others vs. State of Karnataka and others C/0 Secretary, Department of Higher Education, D.K.S. Bhawan, Mantralaya, Raipur (Chhattisgarh) Writ Petition No. 4748 of 2005 Petitioners 1. vs. Respondents Youth Foundation of India (An association registered under the Chhattisgarh Societies registrikaran Adhiniyam, 1973, Rajanandgaon, through its General Secretary Shri S.K. Gandhi aged about 42 years,(Chhattisgarh) C/0 Chhattisgarh Dental College and Research Institute P.B. N0..25 Sundra , Rajnandgaon, (Chhattisgarh)491441. Chhattisgarh Dental College & Research Institute (run by Youth Foundation of India) P.B. No.25, Sundra Rajnandgaon (C.G.) through its Administrator Padam Chand Parakh, aged about 62 years, S/o Late Shri Baboolal Parakh, R/o. Sadar Bazar, Rajnandgaon (Chhattisgarh) State of Chhattisgarh Through the Secretary Department of Higher Education D.K.S. Bhawan, Mantralaya, Raipur (Chhattisgarh) Committee Appointed by the respondent State in pursuance of orders made by Hon'ble the Supreme Court of India in the case of Islamic Academy of Education & Others vs. State of Kamataka and others C/0 Secretary, Department of Higher Education, D.K.S. Bhawan, Mantralaya, Raipur (Chhattisgarh) Writ Petition (0 No. 7197 of 2008 Petitionere. 1. Ruchi Mishra, D/o. Dr. K.K. Mishra, aged about 24 years.Occupation - Student of BDS Final Year Course Chhattisgarh Dental College and Research Institute Sundara Rajnandgaon (C.G.) R/o. Mohan Nagar, Durg, Distt, Durg (C.G.) Anubhuti.D/o. Dr. L.K. Roy, aged about 23 years, Occupation - Student of BDS Final Year Course Chhattisgarh Dental College and Research Institute Sundara Rajnandgaon (C.G.),R/o. Chandmari Patna, Distt. Patna (Bihar) Respondents Vs. 1. 2. 3. State of Chhattisgarh Through the Secretary Department of Health Mantralaya, D.K.S. (Chhattisgarh) Dental Council of India, the Secretary, A-I-E, Road Temple Lane, New Delhi (India) Chhattisgarh Dental & Research Institute, Sundra Rajnandgaon run by youth Foundation of India, a society through its Secretary Sundra, Rajnandgram (Rajnandgaon)(C.G.) & Family Welfare, Building, Raipur New Delhi through Galib Mard, Kolta Writ Petition (C) No. 7138 of 2008 Petitioners. C.P. 1. Ku. Jyoti Sukhwani, D/o. Shri Sukhwani, aged about 26 years. 2. Ku. Geet Agrawal.D/o. Dr. Radheshyam Agrawal, aged about 22 years. 3. Ku. Febina Memon.D/o. Shri U.G. Memon, aged about 22 years. 4. Ku. Divya Sao D/o. Shri K.K. Sao, aged about 24 years. 5. Ku.Reshma Begum D/o.Shri G.M. Khan, aged about 27 years, 6. Ku.Madhu Pandey,D/o. Shri Prem Prakash Pandey, aged about 25 years. 7. Mrs. Purnima Saxena,W/o. Shri Sanjay Saxena, aged about 32 years 8. Puneet Lunial S/o. Harish Lunial, aged about 25 years. All the petitioners are students of Final Year B.D.S. Course, Chhattisgarh Dental College & Research Institute, Sundara, Rajnandgaon (C.G.) 10 Respondents Vs. 1. 2. 3. State of Chhattisgarh Through the Secretary Department of Health & Family Welfare, Mantralaya, D.K.S. Building, Raipur, Tahsil and District Raipur (Chhattisgarh) Dental Council of India, New Delhi through the Secretary, A-I-E, Galib Marg Kolta Road Temple Lane, New Delhi (India) Chhattisgarh Dental & Research Institute, Sundara, Rajnandgaon run by Youth Foundation of India, a society through its Secretary Sundra, Rajnandgaon, (C.G.) Present: Shri Sunil Sahu, counsel for the petitioners in W.P.No.5393/05, W.P.(c)No.7138/08, 7197/08 & W.P.No.5764/05. Shri R.K.Samaiya and Shri R.S. Patel, counsel for the petitioner in W.P.(c) No.302/09. Shri Jitendra Pali, counsel for the petitioners in W.P.No.4748/05, 5028/06 & 5544/05 and for respondent No.3 in W.P.(c) No.7138/08, W.P.No.5393/05, W.P.(c) No.302/09, 7197/08 and W.P.No.5764/05. Smt. Fouzia Mirza, Assistant Solicitor General of India for respondent No.2 in W.P.No.5393/05, W.P.(c) No.7138/08, 302/09 & W.P.No.5764/05. Shri Shailendra Bhardwaj, Advocate appears on behalf of Miss. Sharmila Singhai, counsel for respondent No.2 in W.P.(c) No.7197/08. Shri Vinay Harit,Dy. Advocate General with Shri S.K. Mishra, counsel for the State. ORDER (Passed on ^pril, 2010) Per_Dhirendra Mishra, J The above writ petitions are being disposed of by this order as common questions of law and facts are involved in this batch of petitions for adjudication. 02. In W.P.No.5393/05, 5764/05, 7138/08, 7197/08 and W.P.No.302/09, the petitioners, who are students of Chhattisgarh Dental College and Research Institute (in short "Institute"), have prayed fordirection to the Institute to charge fee @ Rs.1,25,000/- per student per academic session w.e.f. academie session 2004-05, as per recommendations of the Committee constituted by the State Govt. in compliance of the directions of the Supreme Court, and further direction to the respondents to make suitable adjustment in respect of fees already paid by the students and to refund the exorbitant fee collected from the petitioners-students. 03. Whereas in other writ petitions i.e. W.P.Nos.5544/05, 4748/05 & 5028/06, the Management Committee, which are running the Chhattisgarh Dental College and Research Institute; Rungta College of Sciences and Research, Rungta, Educational Campus, Bhilai and Rungta College of s 11 Engineering and Technology, Bhilai and the 'respective institutions have filed writ petitions against the State of Chhattisgarh and the Committee appointed by the State in pursuance of the order made by the Supreme Court of India in case of Islamic Academy Education & others Vs. State of Karnataka, and prayed for quashing of the report/recommendations/findings of the Comnnittee with regard to fixation of fee structure for the petitioners' colleges. They have also prayed for direction to the respondents to determine fresh rational fee structure to be applied from 2005-06 academic session. 04. After the matter was resen/ed for order on 22.2.2010, an application for grant of permission to withdraw the Writ Petition No.5393/05 on behalf of petitioner No.41 Sonali Jain was filed on 8.3.2010. The application is allowed, she is permitted to withdraw the petition and accordingly, W.P.No.5393/05 at the instance of Sonali Jain, is dismissed as withdrawn. 05. Briefly stated, grievance of the petitioners-students is that on the basis of their ranking in PMT Examination, they were admitted in four years' BDS-1 Year course in the year 2004-05 after counseling. The respondent-lnstitute is conducting BDS course since 2002-03 and initially, tuition fee was fixed at Rs.38,000/- per annum. However, the same was subsequently enhanced to Rs.2,12.500/- per academic year and hostel fee of Rs.30,000/- per session was also charged from the petitioners at the time of their admission. The prospectus ofthe Institute mentioned that tuition fee structure in BDS course will be as per the guidelines of the Supreme Court of India and the petitioners were assured that in case, fee structure is reduced as per guidelines of the Supreme Court, they would charge fee accordingly and suitable adjustment shall be made for the excess payment by the students as mentioned in the prospectus. The Government of Chhattisgarh, in compliance of the judgment dated 14.8.2003 of the Supreme Court delivered in Islamic Academy of Education, appointed a Committee vide notification dated 17.6.2004 for fixing fee of the private unaided professional (Technical) educational institutions of the State. The Committee submitted its report and recommended tuition fee @ Rs.1,25,000/- per annum of BDS course for the Institute. As per guidelines of the Supreme Court, recommendations of the Committee were to be applicable w.e.f. academic session 2004-05. However, Secretary of the State Govt. vide its Memo dated 25th July, 2005 addressed to the Principal of the Institute directed that fee recommended by the Committee would be applicable from 2005-06 for the next three years i.e. upto 2007-08. The Committee with a view to fix the tuition fee, directed the respondent-lnstitute to furnish financial position 12 k for the past three years and financial plan for the coming four years, inciuding the year ending 31 March, 2005 in the prescribed format. The Institute was also directed to furnish statements of accounts for the past three years, including the year ending 31 March, 2004 for the Society and the Institute, if any, vide Annexure P/2. After receiving the relevant information, fee for the respondent-lnstitute was fixed at Rs.1,25.000/- per annum for the BDS course. The report was applicable w.e.f. 2004-05. However, the Secretary, arbitrarily directed that the report ofthe Committee would be applicable from 2005-06. 06. It was further submitted that in the adjoining State of M.P. also, a Committee was constituted for fixing the fee structure of Dental Colleges and accordingly, the fee for Dental College, Indore was fixed at Rs.1,40,000/- and the same has been made applicable from 2004-05 as per Annexure P/4. Because of the direction of the Secretary of the State Govt. contained in Annexure P/3, an anomalous situation has arisen as the petitioners are required to pay tuition fee @ Rs.1,25,000/- for the year 2005-06, but the Institute proposes to charge tuition fee @ Rs.2,12.500/- for the academic session 2004- 05, which can never be permitted. Placing the order dated 27 April, 2009 of the Supreme Court passed in Civil Appeal No.2856/09, Chancellor, Guru Ghasidas Uniyersity & others Vs. Sudiep Shrivastava & others, and other connected appeals for our perusal, it was argued that the students, who were admitted in the Chhattisgarh Institute of Medical Sciences (in short 'CIMS') in Bilaspur against payment seats were initially directed to pay fee of Rs.2,50,000/-, who got their admission in the academic session 2003-04. Subsequently, the Committee prescribed the fee of Rs.1,90,000/- for the payment seat in the said Institute, which was not challenged and the same became final. In these circumstances, the Apex Court held that the fee fixed by the Committee shall be paid by the students, who got admission in the academic year 2003-04 and 2004-05 against payment seats. The Institution was directed to refund the excess fee to the students, who got admission against payment seats and had paid Rs.2,50,000/-. 07. Shri R.K. Samaiya, learned counsel for the petitioner in W.P.(c) No.302/09, argued that the petitioner had taken admission in the year2003-04 against the payment seat in the respondent-lnstitute. She paid tuition fee @ Rs.1,50,000/- per academic session as directed by the respondent-lnstitute. The respondents are bound by the recommendations of the Committee constituted by the State Govt. as per guidelines of the Supreme Court for fixing the tuition fee for the Institute and also as per conditions of the prospectus 13 < (Annexure P/1) of the Institute, wherein it is clearly mentioned that the fee structure would be as per the guidelines of the Supreme Court. Since the petitioner paid excess tuition fee @ Rs. 1,50,0007- as demanded by the Institute from the year 2003-04 and since the fee structure as recommended by the Committee and accepted by the State would be applicable w.e.f. 2003-04, the petitioner is entitled for adjustment/refund of any excess tuition fee paid by her. Reliance is placed on the judgment in the matter of Priyanka Vs. State ofM.P. & others, reported in 2007 (3) M.P.LJ. 325. 08. Shri Vinay Harit, learned Dy. Advocate General for the State/respondent No.1 would argue that the State constituted a Committee consisting of five members underthe chairmanship ofjustice Shri S.D. Jha, retired Judge