LexSAHIL BHARGAVA & ORS. versus STATE OF UTTARAKHAND & ORS.
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[2024] 9 S.C.R. 408 : 2024 INSC 699 Sahil Bhargava & Ors. v. State of Uttarakhand & Ors. (Special Leave Petition (C) No. 19953 of 2024) 09 September, 2024 [Dr Dhananjaya Y Chandrachud, CJI, J.B. Pardiwala and Manoj Misra, JJ.] Issue for Consideration Issue arose as regards the fixation of the fee for the undergraduate medical degree course offered by college. Headnotes† Education/Educational Institutions – Medical admission – Undergraduate medical degree course – Fixation of fee – Students granted admission in 2018 to the medical UG course and completed the same in 2023 – At the time of admission, fee was Rs five lakhs p.a. for the All India quota seats and Rs four lakhs p.a. for the State quota seats subject to the final decision in the writ petitions pending before the High Court – In 2019, the fees revised for the academic years 2019- 2022 at Rs 13.22 lakhs p.a. for the All India quota and Rs 9.78 lakhs p.a. for the State quota which was later charged for the academic year 2018-19 also – Writ petitions by the students seeking direction to the respondents to issue undergraduate degrees to them without insistence on any extra payment of tuition fee – High Court directed the students to deposit the fees in installments, and in the subsequent interim order directed that on the payment of the first installment, provisional certificate for completion of the course would be issued, and the students would be permitted to begin their internships – Challenge to, whereby, this Court permitted the students to continue the internship programme subject to deposit of two installments and the High Court to dispose of the pending writ petition expeditiously – Thereafter, the High Court admitted the writ petitions and posted the matter for March 2025, directing that subject to the deposit of the fee, original documents submitted by students to the university would be returned: [2024] 9 S.C.R. 409 Sahil Bhargava & Ors. v. State of Uttarakhand & Ors. Held: Order of this Court sought to remove such an imbroglio by issuing a direction for the deposit of two installments of fees and requested the High Court to dispose of the petition – Instead of doing so, the High Court simply admitted the petition and posted it to March 2025 – No early resolution of the dispute seems likely – Students cannot be left in the lurch to an uncertain future – Students have paid approximately Rs 34 lakhs per student for the All-India quota seats and Rs 28 lakhs per student for the State quota seats, inclusive of the security deposit and remaining installments – In view thereof, students to be returned their original documents, to pursue their postgraduate studies and practice medicine, on the deposit of Rs 7.50 lakhs each over and above the amounts already deposited – Students to file an undertaking to pay the balance amount on the final disposal of the pending writ petitions – Interim order of the High Court modified in the said terms. [Paras 12-16] List of Acts Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act; Shri Guru Ram Rai University Act 2016 List of Keywords Medical admission; Undergraduate medical degree course; Fixation of fee; Extra payment of tuition fee; Provisional certificate for completion of the course; Internships; Original documents submitted by students. Case Arising From EXTRA-ORDINARY CIVIL JURISDICTION: Special Leave Petition (C) No. 19953 of 2024 From the Judgment and Order dated 06.08.2024 of the High Court of Uttarakhand at Nainital in WPMS No. 775 of 2023 Appearances for Parties Gaurav Agrawal, Sr. Adv., Ms. Tanvi Dubey, Raghav Sabharwal, Mekala Ganesh Kumar Reddy, Aditya Nema, Advs. for the Petitioners. Gopal Sankaranarayanan, Sr. Adv., Sagar Gaur, Ankit Shah, Dilip Annasaheb Taur, Advs. for the Respondents. 410 [2024] 9 S.C.R. Digital Supreme Court Reports Judgment / Order of the Supreme Court Order 1. The dispute in the present case relates to the fixation of the fee for the undergraduate medical degree course offered by a college in the State of Uttarakhand. The petitioners are students who were granted admission in 2018 to the undergraduate medical degree course administered by the third respondent - Shri Guru Ram Rai Institute of Medical and Health Sciences College. The students completed the course in 2023. The second respondent is the Shri Guru Ram Rai University, a university governed by an
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