1 2025:CGHC:52780 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5074 of 2023 1 - Mahaveer College Of Ayurvedic Science Village- Sundra, Dist. Rajnandgaon- Chhattisgarh, Through- Chairman, Nemi Chand Parekh , S/o Late I. C. Parekh, A/o 62 Years, Occupation- Chairman, Mahaveer College Of Ayurvedic Science Village- Sundra, District : Rajnandgaon, Chhattisgarh 2 - Youth Foundation Of India Village- Sundra, Dist. Rajnandgaon- Chhattisgarh, Through- Chairman, Nemi Chand Parekh , S/o Late S.K. Parekh, A/o 62 Years, R/o Village- Sundra, District : Rajnandgaon, Chhattisgarh --- Petitioners versus 1 - State Of Chhattisgarh Through- Medical Education (Ayush) Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh 2 - Secretary Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh 3 - Directorate Of Ayurved Yogya And Prakratik Chikitsa, Unani Sidhi And Homeopathy (Ayush), Chhattisgarh, Through- Directorate, Block- 1, 3rd Floor, Indravati Bhawan, Naya Raipur, District : Raipur, Chhattisgarh 4 - Admission Fee Regulatory Committee Through- President, Government Co-Education Polytechnic Premises, Baron Bazar, Raipur, Chhattisgarh- 492001. 5 - National Commission For Indian System Of Medicine, Ministry Of Ayush. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.11.01 11:57:29 +0530 2 Through - Secretary, 61-65, Institutional Area, Janakpuri, D-Block, New Delhi- 11085. --- Respondents For Petitioner(s) : Ms. Surya Kanwalkar Dangi, Advocate For Respondent(s) : Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 29/10/2025 1. By the present Writ Petition, the Petitioner/College is praying for quashment of order dated 29/09/2023 (Annexure-P/2) as well as the Resolution dated 08/09/2023 (Annexure-P/1) with a prayer to direct Respondent No. 3 to reconsider the fee structure for the academic year 2022-23, 2023-24 & 2024-25 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. He would further submit that Order dated 29/09/2023 (Annexure- P/1) has been passed by fixing the fee structure of the Petitioner/College on the basis of Resolution dated 08/09/2023 3 passed by the Fee Regulatory Committee. She further submits that case of the petitioner is squarely covered with the order passed by this Court in WPC No. 4864 of 2023 dated 06.01.2025. She submits that impugned order (Annexure P-1 and P-2) are also the subject matter of aforementioned writ petition, which have been quashed therein, therefore, same order may be passed in this case also. 3. Learned State counsel opposes the submission of learned counsel for petitioner, however, he do not dispute the submission made by learned counsel for petitioner with respect to the issue involved in this petition to be same as issue involved in WPC No.4864 of 2023. 4. I have heard counsel for parties and perused the documents placed on record as also the order dated 06.01.2025, passed in WPC No.4864 of 2023. 5. The relevant portion of the order dated 06.01.2025, passed in WPC No.4864 of 2023 is extracted below :- “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 08/09/2023 (Annexure-P/2), it is apparent that no such opportunity was provided to the Petitioner/College before fixing the fee. Hence, the order impugned dated 29/09/2023 (Annexure-P/1) and Resolution dated 08/09/2023 (Annexure-P/2) are 4 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 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. 6. In the aforementioned facts of the case, this petition is also disposed of in terms of order dated 06.01.2025, passed in WPC No.4864 of 2023. 7. The issue for fixation of fee structure in respect of Petitioner/College is remitted back to Respondent No.4 to pass afresh resolution/order following the provisions prescribed under Section-9 of the Adhiniyam, 2008 within a period of two months 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. Sd/- (Parth Prateem Sahu) Judge Balram