dmt 1 wp1896-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGNAL CIVIL JURISDICTION WRIT PETITION NO. 1896 OF 2011 Tejas Arun Warkar & Ors. .. Petitioners. versus Shikshan Shulka Samiti & Ors. .. Respondents. ..... Mrs. Neeta P. Karnik for the Petitioner. Mr. Rajesh P. Behere with Mr. Aumkar V. Joshi for R.No.1. Mr. Abhijeet A. Desai for Respondent No. 3. Mr. D.A. Nalawade, G.P., with Mrs. Anjali N. Helekar, AGP., for Respondent No. 4. ...... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 16 November 2011. P.C. : The Petitioners are medical students who were dmt 2 wp1896-11 admitted for the batch commencing from the academic year 2008-9 by the Third Respondent, Dr. Punjabrao Deshmukh Memorial College, Amaravati. The Shikshan Shulka Samiti had fixed the fees originally at Rs. 1.84 lakhs for 2008-9 with an increase of five per cent for subsequent years. The Samiti has by its decision dated 23 August 2011 agreed to the request of the Third Respondent to increase the fees by an amount of Rs. 1,01,121/- The Petitioners have already adopted a remedy which is available of moving the Shikshan Shulka Samiti for reconsideration of the increase. Since the Samiti is seized of the issue, we would consider it appropriate not to entertain the Petition under Article 226 of the Constitution at this stage, leaving it open to the Samiti to take a final decision. These proceedings were initiated because the Petitioners had an apprehension that their admissions would be disturbed. The examinations are to commence from 23 November 2011. Hence it is submitted that an appropriate interim direction may be issued protecting the admissions of the Petitioners until the Samiti takes a decision. dmt 3 wp1896-11 2. Learned Counsel appearing on behalf of the Third Respondent, on whose behalf an affidavit in reply has been filed, has drawn the attention of the Court to the order dated 1 July 2011 passed by the Nagpur Bench in Rajesh Purushottam Nandurkar and another vs. The State of Maharashtra (W.P. No. 1635 of 2010). In that case the Division Bench was dealing with the grievance of a medical college that it should not be required to first incur the expenditure entailed on account of payment of wages in accordance with the recommendations of the Sixth Pay Commission and only thereafter be required to seek a suitable enhancement of the fees payable. The Division Bench by its order dated 1 July 2011 permitted the college to submit an appropriate proposal pointing out the burden which it may be required to shoulder under the Sixth Pay Commission recommendations. The Samiti was directed to consider the proposal in accordance with its own procedure. A Special Leave Petition against the order of the Division Bench was dismissed by the Supreme Court on 29 August 2011. dmt 4 wp1896-11 The Third Respondent submitted its audited accounts to the Samiti on the basis of which it would appear that the Samiti agreed to an increase of Rs. 1,01,121/- 3. Learned Counsel appearing on behalf of the Petitioners has drawn the attention of the Court to the fact that in the case of K.J. Somaiyya Medical College at Sion, Mumbai, the Samiti has agreed to the increase of Rs. 25,496/-. Learned Counsel submits that having regard to the uniform teacher-students ratio, an increase of Rs. 1,01,121/- may be disproportionate and fairly submitted that in the circumstances at this stage the students may be directed to pay the amount which has been fixed by the Samiti in the case of K.J. Somaiyya Medical College towards increase in the fees. We find that the suggestion is fair and reasonable. Fairly it has not been opposed on behalf of the Third Respondent. 4. We, accordingly, dispose of the Petition by permitting the Petitioners to pursue their appeal/representation dmt 5 wp1896-11 before the Shikshan Shulka Samiti which shall pass appropriate orders in accordance with law after furnishing to the Petitioners an opportunity of being heard. In the meantime, the Petitioners shall within a period of two weeks from today, deposit an amount of Rs. 25,500/- together with regular fees and all the arrears, if any, shall be paid within the aforesaid period. This payment will be without prejudice to the rights and contentions of the Petitioners before the Samiti and will abide by the final order that may be passed by the Samiti including such adjustment that may be warranted thereby. 5. The Petition is accordingly disposed of. Conditional on the aforesaid payment being made, the admissions of the Petitioners shall not be disturbed and the Petitioners shall be allowed to appear at the ensuing examination. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.) dmt 6 wp1896-11