1 CGHC010247162026 2026:CGHC:29532 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3296 of 2026 1 - Shri Shankaracharya Institute Of Medical Sciences Through its Authorized Signatory, (Owned And Managed By Shri Gangajali Education Society) Village Junwani, Bhilai, District Durg, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Medical Education, North Block, Sector-19, Swasthya Bhawan, Second Floor, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 492002 2 - The Director, Medical Education, Old Nurses Hostel, D.K.S. Bhawan Premises, Raipur (C.G.) 3 - The Admission Fee Regulatory Committee, Government Cum Education Polytechnic Premises, Bayron-Bazar, Raipur (C.G.) ... Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Kshitij Sharma, Advocate For Respondent(s) : Mr. S.S. Choubey, Government Advocate SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 13/07/2026 1. By way of this petition, the petitioner seeks the following reliefs: SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.07.17 13:30:29 +0530 2 10.1. The Hon'ble Court may kindly be pleased to call for the entire relevant records concerning the petitioner, from the Respondents for kind perusal. 10.2. The Hon'ble Court may kindly be pleased to issue writ / order / direction of appropriate nature quashing the impugned order / notification dated 23.09.2025 (Annexure P-1), since the same is based upon the arbitrary, illegal and irrational communication / resolution dated 22.08.2024. 10.3. The Hon'ble Court may kindly be pleased to issue writ / order / direction of appropriate nature quashing the impugned resolution dated 22.08.2024 (Annexure P- 2 Colly), since the same is arbitrary, illegal and irrational communication. 10.4. The Hon'ble Court may kindly be pleased to issue writ / order / direction of appropriate nature, commanding the Respondent no.03 to accept the fees proposed by the petitioner. 10.5.Grant any other relief(s), which this Hon'ble Court thinks fit and proper under the facts and circumstances of the case, in the interest of justice. 2. At the outset, learned counsel for the parties would submit that matter in issue has already been decided by this Court in WPC No. 458 of 2026 {Raipur Institute Of Medical Sciences Vs. State of Chhattisgarh and others} vide order dated 7.5.2026 and the present Writ Petition may also be disposed of in terms of the observations made by this Court at para 11 to 14 of the aforesaid order, which read as under :- 3 “11. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the principal issue involved in the present matter relates to compliance of the mandatory requirement contained under Section 9(2) of the Act of 2008, which obligates the Committee to provide an opportunity of hearing to the institution before fixation of fees. This Court further finds that in earlier rounds of litigation involving the very same petitioner–institution, this Court vide judgment dated 24.08.2023 passed in WPC No.3415 of 2023 and WPC No.3488 of 2023 had specifically held that absence of opportunity of hearing before fixation of fees amounts to violation of Section 9(2) of the Act of 2008 as well as breach of principles of natural justice. Despite such categorical findings and directions issued by this Court, the respondents have failed to place any substantial material demonstrating effective compliance of Section 9(2) of the Act. Merely recording in the resolution that the representative of the petitioner was present during inspection proceedings cannot be treated as due compliance of the mandatory statutory requirement of meaningful opportunity of hearing before final fixation of fees. The impugned resolution further does not disclose proper consideration of the statutory factors enumerated under Section 9(1) of the Act of 2008, including infrastructure expenditure, administrative costs, financial liabilities, requirement of reasonable surplus, and financial data submitted by the petitioner. The impugned orders also do not record any finding that the fee proposed by the petitioner amounted to profiteering or commercialization of education. Consequently, this Court is of the considered opinion that the impugned exercise suffers from non-application of mind and violation of mandatory statutory procedure of an opportunity of hearing as envisaged under Section 9 (2) of the Act of 2008. 12. Considering the submissions made by learned counsel for 4 the petitioner that before fixing the fees the petitioner–institution has not been afforded proper and effective opportunity of hearing, which is mandatory in nature under Chapter 4 Section 9(2) of the Act of 2008, this Court is of the considered view that the impugned action cannot be sustained in the eyes of law. 13. Accordingly, while quashing order dated 23.9.2025 the matter is remitted back to the concerned respondent authorities to reconsider the issue afresh strictly in accordance with law while granting due and effective opportunity of hearing to the petitioner–institution before fixation of any fees in respect of the PG Courses for the academic years 2024- 25, 2025-26 and 2026-27. Consequently, the impugned Resolution dated 22.08.2024 passed by the Admission and Fee Regulatory Committee and the consequential Order dated 23.09.2025 issued by the State Government are hereby quashed. 14. Accordingly, the writ petition is hereby allowed as indicated above.” 3. Since the grievance of the petitioners is identical to the one considered in WPC No. 458 of 2026 {Raipur Institute Of Medical Sciences Vs. State of Chhattisgarh and others, decided on 7.5.2026} and the petitioner in the present case is also seeking the same relief, the present Writ petition is accordingly allowed in terms of and in line with the observations made in the aforesaid order. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay