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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2856  OF 2009 (@SPECIAL LEAVE PETITION (CIVIL)NO.24539 OF 2005)

CHANCELLOR, GURU GHASIDAS UNIVERSITY & ORS. Appellant(s)

                       VERSUS

SUDIEP SHRIVASTAVA & ORS.         Respondent(s)

WITH C.A.NO.2857 OF 2009 @ SLP(C)No.3764/2006

WITH C.A.NO.2858 OF 2009 @ SLP(C)No.5479/2006

WITH C.A.NO.2859 OF 2009 @ SLP(C)No.7046/2006

WITH C.A.NO.2860 OF 2009 @ SLP(C)No.5510/2006

WITH C.A.NO.2861 OF 2009 @ SLP(C)No.5580/2006

WITH C.A.NO.2862 OF 2009 @ SLP(C)No.5582/2006

WITH C.A.NO.2863  OF 2009 @ SLP(C)No.5584/2006

WITH C.A.NO.2864 OF 2009 @ SLP(C)No.5585/2006

AND WITH C.A.NO.2865 OF 2009 @ SLP(C)No.5636/2006

O R D E R

Applications for exemption from filing O.T. and impleadment are allowed.  

Leave granted.

The  Chhattisgarh  Institute  of  Medical  Sciences   is  a  Medical  College  in  

Bilaspur  in  the  state  of  Chhattisgarh.   This  college  is  affiliated  to  the  Guru  Ghasidas  

University,  who  is  the  appellant  in  the  Civil  Appeal  @  Special  Leave  Petition  

(C)No.24539/2005.   The  dispute in these appeals is regarding

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quantum of  fee  payable  by  the  students.   Some of  the  students  had  taken  seats  against  

payment seats and some other students got admission against free seats.  The students, who  

had  secured  admission  against  payment  seats,  were  initially  directed  to  pay  a  fee  of  

Rs.2,50,000/-.  Thereafter the Fee Committee appointed by the High Court fixed the fee for  

payment seats at Rs.1,90,000/-.  The appellant college demanded the fee of Rs.1,90,000/-  

from the students who got admission against the payment  seats.   This is opposed by the  

students on the ground that they are meritorious students and they should have got admission  

against the free seats and not the payment seats, and they are liable to pay only Rs.34,500/-,  

which is the  fee levied from the students, who got admission against free seats.  Learned  

counsel for the students also contended that in the institution there shall be only one rate of  

fee payable by the entire students.

We considered the rival contentions of the parties.

As the Fee Committee prescribed the fee of Rs.1,90,000/- for the payment  

seats and the same was not challenged by any of the parties neither before the High Court nor  

before this Court, the same has become final and the fee fixed by the Fee Committee shall be  

paid by the students who got admission for the academic years 2003-04 and 2004-05 against  

the payment seats.

We are told that some of the students who got admission against payment  

seats had paid Rs.2,50,000/-.  The college is directed to refund the excess fee received from  

these students.

As regards some other students who got admission in the year 2005-06, the  

State Government has, in its affidavit at para 6 has stated that out of them 39 students who  

got admission  against payment seats and since now they have been treated as students for  

free seats,  they are liable to pay only Rs.34,500/-.  We record the said statement.  The excess  

fee, if any, paid by these students may be adjusted.

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The appeals are disposed of accordingly and the judgment of the High Court is  

set aside. No costs.

...............CJI. (K.G. BALAKRISHNAN)

.................J.     (P. SATHASIVAM)

NEW DELHI; 27TH APRIL, 2009.