Neutral Citation No. - 2025:AHC-LKO:48811 Court No. - 6 Case :- WRIT - C No. - 7989 of 2025 Petitioner :- Yuvraj Singh And 85 Others Respondent :- State Of U.P. Thru. Prin. Secy. Medical Education Lko. And 2 Others Counsel for Petitioner :- Bal Keshwar Srivastava,Rishi Raj Mishra,Sachin Kumar Mishra Counsel for Respondent :- C.S.C.,Amit Jaiswal Ojus Law Hon'ble Pankaj Bhatia,J. 1. Heard Shri Bal Keshwar Srivastava, learned counsel for the petitioners, Shri Amit Jaiswal, learned counsel, who has filed his 'vakalatnama' today on behalf of the opposite party no.3, which is taken on record as well as learned Standing Counsel for the State-respondent(s) and perused the material brought on record. 2. The contention of counsel for the petitioners is that, for challenging an order dated 28.10.2024, whereby the fees structure of MBBS Course was enhanced for the academic session 2024-25, some of the institutes had approached this Court by filing a Writ-C No. 10329 of 2024, the said writ petition came to be allowed on 10.01.2025, the order whereof was corrected on 04.03.2025, it is argued that some of the petitioners of different medical colleges had approached and filed Special Appeal Defective No. 632 of 2024 challenging the judgment and order dated 17.08.2024. Against an order dated 17.08.2024, whereby, the petitioners of the said writ petition were relegated to appear before the appellate authority/Fee Fixation Committee. The Special Appeal Court has passed the following order:- "45. Considering aforesaid discussion, the impugned notification dated 28.10.2024 is hereby quashed by issuance of a writ in the nature of Certiorari. Further writ in the nature of Mandamus is issued commanding opposite party No.2 as folllows:- (a) to re-visit the aspects of fee determination for the relevant courses for the academic year 2024-25 strictly in accordance with provisions of Section 10(1) of the Act of 2006. (b) since considerable time has elapsed, the Fee Fixation Committee is directed to take a decision expeditiously, preferably within a period of two months from the date a certified copy of this order is served upon the said committee. (c) Fee deposit made by the students in terms of the impugned determination will abide by outcome of fresh determination so made." 3. It is argued that the said special appeal order was confined to one college only and not to the present college. It is further argued that in pursuance to the liberty granted by this Court, the petitioners have preferred an appeal, however, as the forum is vacant, the petitioners are unable to process their interim application, which is pending in the appeal filed by the petitioners and, thus, the petitioners had approached this Court. 4. As, the petitioners have already preferred an appeal, however, their stay application cannot be considered, as the tribunal is vacant, it is provided that till the constitution of the tribunal in accordance with law, as an interim measure, the petitioners shall not to pay fees as were fixed in the Government order dated 28.10.2024. 5. It is made clear that this order has been passed only in the case of the petitioners before this Court. 6. The State Government shall take steps for immediate appointment of the Chairman of the appellate committee, which is vacant, with all expedition preferably within a period of two months from the date of production of a certified copy of this order. 7. The petition stands disposed of with the aforesaid observations. Order Date :- 20.8.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench