Passing the orders, a division bench comprising Chief Justice A M Khanwilkar and Justice Kuldeep Singh also quashed section 4 of the Himachal Pradesh Private Unaided Dental Colleges (Regulations of Admissions and Fixation of Fee for Academic Year 2003-04) Act, 2006 declaring it illegal, invalid and null and void.
The 39 page order was passed on a petition filed by the management of Bhojia Dental College and Hospital.
Indicting the government Review Committee, the Court said, "After a high level committee having fixed the fees at Rs 84,000, it has completely failed to discharge its legal obligation. The Committee was swayed by considerations, which, to say the least, were extraneous. The fact that the provisional fees was fixed at Rs 50,000 does not mean the same was just and proper and commensurate with the claim of the management".
The bench ordered "the decision of the Review Committee taken in its meeting held on May 13, 2008 and notified on June 2, 2008 is quashed and set aside.
Instead, the petitioners (college) are relegated before the same Review Committee for reconsideration of the entire matter afresh in accordance with law, expeditiously and not late than eight weeks from today.
"Until the Review Committee finally determines the fee structure for the academic years 2003-04, 2004-05 and 2005-06, respectively, the petitioners shall not recover any further amount from students save and except the fees already collected," the order said.