Shimla: Himachal Pradesh High court Thursday did not give any relief to Maharishi Markandeshwar University and its affiliated Markandeshwar Medical College Kummerhati, Solan district which were found guilty by H.P. State Private Regularity Educational Commission for charging an excess fee to the tune of Rs.1,03,965,3000 from around 1100 MBBS students during 2012 to 2020 period.
The matter was listed for hearing before the Division bench of justice Tarlok Singh Chauhan and justice Chander Bhushan Bariwala to stay the June 9, 2022 order of Commission which has imposed tunes to Rs 45 lakh penalty on the entrant University giving three months times to refunds the excess fee. The learned counsel for MMU Mr. K D Shridhar plead to stay the impugned order HPSPREC alleging that it was not signed by the complete corum.
Defending the said order the counsel for HPSPREC Naresh Kaul said out of two members of the Commission who heard this matter one member Shashi Kant Sharma did not sign an order as his daughter also enrolled in the University.
The defense counsel opposed the staying of order stating in the court that three months times were already allotted to the University to implement the Commission order on the Petition filed by two MBBS (passed out) students who blamed MMU for a charged excess fee from them. MMU challenged the order of the Commission before the Himachal Pradesh High court on July 19 seeking to quash of order and seeking a stay on it.
On June 9 taking cognizance of two separate Complaints, found the respondent University and others guilty of charging an excess amount of Rs. 6.05.500/- from Dr. Nividita and Rs. 8,95,500 / – from Dr. Yamini which amounts to Rs. 15,01,000.
The commission said in the order that records of the University submit before it also revealed that more than 1100 students who passed out and studied between 2012 to 2020 were charged an excess fee to the tune of Rs.1,03,965,3000.
University cum medical College remained in thick controversy over similar intimidation in the past as it was found indulged in by Commission extortion of money from the students in the name of tuition fee, hostel fee, University charges, development charges, etc.
Importantly, the matter was examined by Chairman Major General Atul Kaushik and member Dr. Shashi Kant Sharma. However, the order was passed by the Chairman of the Commission and the other member decided to recuse from the order showing his personal reasons.
In the High court on Thursday (today) justice Tarlok Singh Chauhan also recused him from the bench stating that Major General Atul Kaushik is also known to him. But bench did not grant a stay on the Commission order. Now the matter would be listed before a new bunch in the High court to hear it further. The counsel for complaint student A N Vaidya was present in the court and also opposed the staying of the Commission order.
