1 2025:CGHC:21648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2497 of 2025 Mahaveer College Of Ayurvedic Science Through Its Chairman Mr. N.C. Parakh, S/o. Late Shri Lalchand Ji Parakh, Aged About 65 Years Mahaveer College Of Ayurvedic Science, G.E. Road, Rajnandgaon (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Principal Secretary, Health, Family Welfare And Medical Education Department, Atal Nagar Dist.. - Raipur (C.G.) 2 - The Additional Principal Secretary Health, Family Welfare And Medical Education Department, Atal Nagar Dist. - Raipur (C.G.) 3 - The Admission And Fee Regulatory Committee Through Its Chairman Government Cum Education Polytechnic Premises Byron Bazar, Raipur (C.G.) 4 - The Director Ayurved Yoga Avam Prakriti Chikitsa, Unani, Sidha And Homeopathic (Ayush) Chhattisgarh Old Nurses Hostel, Dks Bhawan, Raipur (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Rudra Pratap Dubey, Advocate For State : Mr. Satish Gupta, Government Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 09.05.2025 1. By the present Writ Petition, the Petitioner/College is praying for quashment of the Resolution dated 21.11.2024 (Annexure-P/1) with a prayer to direct Respondent No. 3 to reconsider the fee YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.05.12 16:43:06 +0530 2 structure for the academic year 2024-2025, 2025-2026 & 2026- 2027 for the course of Bachelor of Ayurveda, Medicine and Surgery, run by the Petitioner/College 2. Learned counsel for the petitioner, referring to Section-9 of the Chhattisgarh NIJI Vyavasyik shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2008 (for Short ‘the Adhiniyam, 2008’), submits that the Committee has fixed the fee structure of the Petitioner/College without issuing any notice to the Petitioner/College, which is clear violation of Section-9 of the Adhiniyam, 2008 as well as the principals of natural justice. 3. On the other hand, learned counsel for the State submits that a detailed order has been passed by the Committee and the fee has been fixed in accordance with law, which does not require any interference, therefore, this writ petition may be dismissed. 4. I have heard counsel for the parties. 5. Section-9 of the Chhattisgarh NIJI Vyavasyik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2008 reads as under:- Fixation of Fee 9. Factors.- (1) Having regard to,- (i) the location of the private unaided professional educational institution; (ii) the nature of the professional course; (iii) the cost of land and building; 3 (iv) the available infrastructure, teaching, non teaching staff and equipments; (v) the expenditure maintenance; on administration and (vi) a reasonable surplus required for growth and development of the professional institution; (vii) any other relevant factor, the Committee shall determine, in the manner prescribed, the fee to be charged by a private unaided professional educational institution. (2) The Committee shall give the institution an opportunity of being heard before fixing any fee; Provided that no such fee, as may be fixed by the Committee, shall amount to profiteering or commercialization.” 6. Section-9 of the Adhiniyam, 2008 clearly indicates that the Committee shall have to give an opportunity to the Petitioner/College being heard before fixing the fee structure, however, from the resolution dated 21.11.2024 (Annexure-P/1), it is apparent that no such opportunity was provided to the Petitioner/College before fixing the fee. Hence, the Resolution dated 21.11.2024 (Annexure-P/1) is hereby quashed. 7. The issue for fixation of fee structure in respect of Petitioner/College is remitted back to Respondent No.3 to pass afresh resolution by following the provisions prescribed under 4 Section-9 of the Adhiniyam, 2008 within a period of 50 days from today after providing an opportunity of hearing to the Petitioner/College and the fee of the Petitioner/College be re-fixed in accordance with law. 8. With the aforesaid observation, the writ petition is allowed to the above extent. Sd/-- (Amitendra Kishore Prasad) Judge Yogesh