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SURYA KANT OJHA AND OTHERS. versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Surya Kant Ojha And Others. v. State Of U.P. & Others - SPECIAL APPEAL No. 238 of 2005 [2005] RD-AH 655 (7 March 2005)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 32

Special Appeal No. 238 of 2005

Surya Kant Ojha and others   Vs.   State of U.P. and others.

......

Hon.S.Rafat Alam J.

Hon. Vikram Nath J.

It is urged that the appellants having been given admission in Moti Lal Nehru Medical College, Allahabad in compliance to the judgment of Apex Court cannot be compelled to pay the fee similar to that realized by Private Medical College, Azamgarh which was managed and run by All India Children Care and Education Development Society. It is submitted that in the Government Medical Colleges only one fee structure is provided and in the facts of the case the State Government cannot introduce another fee structure for the appellant different to the fee structure prescribed for the students of all the Government Medical colleges. But this aspect has not been considered by learned single Judge. Learned counsel for the appellants has also drawn our attention to a Division Bench judgment of this Court (Annexure-2 to the affidavit filed in support of the stay application) and has argued that the students of Dental Medical College, Chaudhary Multan Singh Memorial Dental College, Tundala ,District Firozabad were similarly placed as the appellants and the other Division Bench keeping in view that the students had suffered for three years, directed to accommodate them against free seats, but the learned single Judge has simply observed in the impugned order that the issue raised in this case was neither raised nor decided in that judgment, hence has not followed the same.

Admit

Sri Mahendra Pratap Singh has appeared for respondent nos.2 and 3 and respondent no.1 is represented by Standing Counsel.

List the appeal for final hearing in the week commencing 18.4.2005 with the record of Writ Petition No. 41480 of 2003 showing the name of Mr.Mahendra Pratap Singh as counsel for the respondent nos.2 and 3.

Dt.7.3.2005

Hsc/238/2005


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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