Supreme Court · 2025

course in Sri Ram Murti Smarak Institute of Medical Sciences i.e. respondent no. 2. Insofar as the challenge to the impugned judgment/order passed by the learned Single Judge is concerned, we do not gather any illegality insofar as the direction issued for the revision of fee in the light of the provisions of the Act is concerned.

7. The statutory function under the Uttar Pradesh Private Professional Educational Institutions(Regulation of Admission and Fixation of Fee) Act, 2006 are well guided. To assume that the pay fixation committee may not have adhered to the principle embodied under the Act would be far fetched proposition as the opportunity envisaged under the Act is protected for the colleges to putforth the infrastructure or the other expenses incurred for imparting the education.

8. Once on the basis of recommendation of pay fixation committee, the hike in fee is notified by the State, the remedy against such a measure is provided under Section 12 of the Act itself before the appellate authority. The appellate authority, as has been apprised to the Court, is very much functional. Moreover, the disputed question of facts have to be ascertained for viewing the issue one way or the other. The appellate authority is vested with the power of undertaking a deeper probe into the relevant facts as well as the interest of the aggrieved parties. Page No. 3 of 4

9. Once the mechanism has been evolved under the statute for redressal of the grievance involving disputed questions of facts and law, this Court deems it appropriate that in case the petitioners are aggrieved against the hike in fee as has been notified in the government order dated 28.10.2024, they may avail the remedy of appeal under Section 11 of the Act.

10. The appellants are at liberty to file an appeal before the appellate authority and in case the appeal is filed within a period of 15 days from today, the same shall be decided within a period of four months from the date of its filing.

11. It is made clear that the appellate authority while deciding the appeal shall proceed on the own merit of the case and shall not be guided by any observation made by learned Single Judge in the judgment/order impugned herein.

12. We also make it clear that in case the students deposit the requisite amount within a period of one month from today, no coercive measure shall be taken against them and the fine of Rs. 200/- or any other amount towards fine shall not be charged from the students on account of delay in the payment and the regular installments shall be paid as per the schedule. Any deposit made by the students in the meantime shall abide by the outcome of the appeal filed by the petitioner under Section 11 of the Act in terms of this order.

13. The appeal is accordingly disposed of. [Subhash Vidyarthi,J.] [Attau Rahman Masoodi, J.] Order Date :- 3.1.2025 kanhaiya KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench Page No. 4 of 4

course in Sri Ram Murti Smarak Institute of Medical Sciences i.e. respondent no. 2. Insofar as the challenge to the impugned judgment/order passed by the learned Single Judge is concerned, we do not gather any illegality insofar as the direction issued for the revision of fee in the light of the provisions of the Act is concerned.

7. The statutory function under the Uttar Pradesh Private Professional Educational Institutions(Regulation of Admission and Fixation of Fee) Act, 2006 are well guided. To assume that the pay fixation committee may not have adhered to the principle embodied under the Act would be far fetched proposition as the opportunity envisaged under the Act is protected for the colleges to putforth the infrastructure or the other expenses incurred for imparting the education.

8. Once on the basis of recommendation of pay fixation committee, the hike in fee is notified by the State, the remedy against such a measure is provided under Section 12 of the Act itself before the appellate authority. The appellate authority, as has been apprised to the Court, is very much functional. Moreover, the disputed question of facts have to be ascertained for viewing the issue one way or the other. The appellate authority is vested with the power of undertaking a deeper probe into the relevant facts as well as the interest of the aggrieved parties. Page No. 3 of 4

9. Once the mechanism has been evolved under the statute for redressal of the grievance involving disputed questions of facts and law, this Court deems it appropriate that in case the petitioners are aggrieved against the hike in fee as has been notified in the government order dated 28.10.2024, they may avail the remedy of appeal under Section 11 of the Act.

10. The appellants are at liberty to file an appeal before the appellate authority and in case the appeal is filed within a period of 15 days from today, the same shall be decided within a period of four months from the date of its filing.

11. It is made clear that the appellate authority while deciding the appeal shall proceed on the own merit of the case and shall not be guided by any observation made by learned Single Judge in the judgment/order impugned herein.

12. We also make it clear that in case the students deposit the requisite amount within a period of one month from today, no coercive measure shall be taken against them and the fine of Rs. 200/- or any other amount towards fine shall not be charged from the students on account of delay in the payment and the regular installments shall be paid as per the schedule. Any deposit made by the students in the meantime shall abide by the outcome of the appeal filed by the petitioner under Section 11 of the Act in terms of this order.

13. The appeal is accordingly disposed of. [Subhash Vidyarthi,J.] [Attau Rahman Masoodi, J.] Order Date :- 3.1.2025 kanhaiya KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench Page No. 4 of 4