1 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6577 of 2009 1.Rajesh Virendra Karmi & ors. ...Petitioners vs. 1.State of Maharashtra & ors. ...Respondents --- Mr.V.M.Thorat, for Petitioners. Mr.S.R.Nargolkar, AGP for Respondent no.1. Mr.R.P.Behere, for Respondent no.2. --- CORAM: D.K.DESHMUKH & A.R.JOSHI, JJ. DATED: 17TH FEBRUARY,2010 P.C.: 1. Rule returnable forthwith. Heard finally by consent of parties. By consent of parties, the order impugned in the petition is set aside. The matter is remitted back to the Committee. By consent of 2 parties, the Committee is requested to decide the following issues:- (i) Whether higher fees can be claimed by the Institution when it demanded much less fees from the students while admitting them. (ii) What would be the divisor factor when the MBBS course is of 4 ½ years and whether the divisor factor would change due to subsequent event of increasing in the intake capacity. (iii) Whether the interest on working capital can be considered as revenue expenditure or is required to be clubbed in the capital asset and only depreciation on the same can be claimed. (iv) Whether the interest on working capital can be claimed by medical college. (v) Whether interest on term loan can be claimed by Medical College and if Yes, whether that interest can be 3 considered as revenue expenditure or is required to be clubbed in fixed assets and only depreciation can be claimed on such fixed assets. (vi) Whether the depreciation can be claimed on College building and if yes, to what extent? Whether the area of Medical college for the purpose of calculating cost to be taken as per the norms of Medical Council of India or otherwise. (vii) Whether the Depreciation can be claimed on computer, tools and other equipments and if yes, to what extent ? (viii) Whether Depreciation permissible is correctly calculated and /or computed. (ix) Whether the expenditure shown towards salary is as per the requirement of MCI norms or whether the additional expenses are shown towards salary. (x) Whether the income of medical college from all the sources including 4 hostel fees, electricity bill recovered from its employees, service charges, HRA etc. is correctly reflected or not. (xi) Whether expenditure incurred by the Trust which is not utilized directly or indirectly for the students could be considered as expenses for running the medical college. (xii) Whether the development charges are correctly calculated on the agreed policy of Fee Fixation Committee. 2. Parties are directed to appear before the Committee on 8.3.2010 alongwith the copy of this order. The Committee is requested to decide the Review petition and the aforesaid issues as far as possible within a period of three months from 8.3.2010. 3. It is directed that till the Review petition is decided again by the Committee pursuant to the order passed in this petition, the students will continue to pay fees as fixed by the order which are 5 impugned in this petition, subject to the decision in the Review petition. Rule is made absolute accordingly. No order as to costs. (D.K.DESHMUKH,J.) (A.R.JOSHI,J.)