Bombay High Court
PRAKASH SHIKSHAN MANDAL URAN ISLAMPURversusSTATE OF MAHARASHTRA THR ITS DEPT. OF MEDICAL AND ORS
- Disposal
- Disposed Off
Holding
The court held that the educational institution must accept the ad‑hoc fee of Rs.10.5 lakh pending the Fee Regulating Authority’s final determination, without adjudicating the substantive merits of the fee‑determination dispute.
Summary
The dispute concerned the determination of ad‑hoc fees for a postgraduate medical course for the 2024‑25 academic year at Prakash Shikshan Mandal. The institute claimed it could set the fees, while the students and the Fee Regulating Authority (FRA) argued that the FRA alone had the authority to fix them. The institute had already submitted a fee proposal to the FRA on 28 February 2025 and subsequently consented to accept the fee fixed by the FRA at Rs.10.5 lakh, seeking an expeditious decision. The High Court, by consent, ordered the institute to accept the Rs.10.5 lakh fee pending the FRA’s final determination by 31 August 2026, without examining the merits. It also directed the FRA to determine the fee, allowed students to request supporting documents, and required students to pay the fee within one month of demand. The petitions were disposed of without any order as to costs.
Issues considered
- Whether the educational institution or the Fee Regulating Authority has the statutory power to determine ad‑hoc fees for postgraduate courses.
- Whether the court can order interim acceptance of a fee amount pending the FRA’s final determination.
Subjects
- ad‑hoc fees
- fee regulation
- postgraduate medical education
- Fee Regulating Authority
- consent order
- educational loan
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 18908 OF 2024
Prakash Shikshan Mandal Uran Inslampur. ...Petitioner.
Versus
The State of Maharashtra and Others. ...Respondents.
With
WRIT PETITION NO. 12151 OF 2025
Dr. Prathamesh Deepak Dhnuriye & Others. ...Petitioners.
Versus
The State of Maharashtra and Others. ...Respondents.
With
WRIT PETITION NO. 3596 OF 2025
Dr. Unnati Ganeshrao Shinde. ...Petitioner.
Versus
The State of Maharashtra and Others. ...Respondents.
——————
Mr. V. M. Thorat and Mr. Harshvardhan Patil i/b Mr. M. V. Thorat for the Petitioner
in WP No. 18908 of 2024 and for the Respondent No. 3 in WP 12151 of 2025.
Mr. Ishaan Kapre for the Petitioner in WP No. 12151 of 2025.
Mr. Rui Rodrigues for the Respondent-Fees Regulating Authority in all the
petitions.
Mr. Siddheshwar B. Kalel, AGP for the Respondent-State in all the petitions.
——————
Coram : Madhav J. Jamdar &
Pravin S. Patil, JJ.
Date : May 8, 2026.
P. C. :
1. Heard Mr. Thorat, learned Counsel appearing for the Petitioner in
WP No. 18908 of 2024, Mr. Kapre, learned Counsel appearing for the
Patil-SR 1 of 3
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Petitioner in WP No. 12151 of 2025, Mr. Rodrigues for the Respondent -
Fee Regulating Authority and Mr. Kalel, learned AGP for the Respondent-
State.
2. In all these matters, subject matter is the ad hoc fees of post
graduate course for the academic year 2024-2025 in the educational
institution conducted by Prakash Shikshan Mandal. It pertains to the
post graduate course in medical science.
3. It is the contention of the Petitioner in Writ Petition No. 18908 of
2024 i.e., the educational institution, that it is the right of the
educational institute to decide the ad hoc fees. On the other hand, it is
the contention of the Petitioners in Writ Petition Nos. 12151 of 2025 and
3596 of 2025, i.e., the writ petitions filed by students, that the ad hoc
fees are to be determined by the Fee Regulating Authority. Even the
contention of Fee Regulating Authority is also the same.
4. Perusal of the record shows that institution has on 28 th February
2025 already forwarded the proposal to the FRA, for determination of
fees for the academic year 2024-25. Proposal is accompanied by the
audited accounts and balance sheet indicating the operational cost.
5. The Petitioner–Prakash Shikshan Mandal, the educational
institution in view of the rival contentions, agrees to accept the ad hoc
fees fixed by the FRA, which is at Rs.10.5 lakh and requests that proposal
submitted by the college be decided expeditiously. Accordingly, all
Patil-SR 2 of 3
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these petitions are disposed of by consent of the parties by passing
following order :
-: O R D E R :-
(1) Petitioner-Educational Institute, i.e., Prakash Shikshan Mandal shall
accept the ad hoc fees of Rs.10.5 lakh for the academic year 2024-
25, without prejudice to the rights and contentions of all the parties.
(2) The respondent–Fee Regulatory Authority is requested to
determine the fees of Petitioner-college for the academic year
2024-25 in accordance with the law on or before 31st August 2026.
(3) It is expressly made clear that this court has not examined merits
and all contentions on merits are expressly kept open.
(4) The students are at liberty to communicate to the college, their
requirements of documents for obtaining educational loan and
requesting for providing necessary information including the
quantum of ad hoc fees. If such request is received, the college shall
comply with the same within 7 days of its receipt.
(5) The students shall pay fees as per the said demand, i.e., fees of
Rs.10.5 lakh, without prejudice to the rights and contentions of both
parties, within a period of one month after the receipt of demand.
6. Writ petitions are disposed of in above terms with no order as to
costs.
[Pravin S. Patil, J.] [Madhav J. Jamdar, J.]
Patil-SR 3 of 3
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