Shimla July 22
The Maharishi Markandeshwar University (MMU) and its affiliated Markandeshwar Medical College Kumarhatti, of Solan district, were not able to get any relief from the State High court on Thursday as the matter was deferred. This happened, as  the double bench, hearing this matter, recused from it. ” List before a bench, of which both of us, are not the members,” directed the double bench in the matter.
The matter was listed for hearing before the Division bench of Justice Tarlok Singh Chauhan and Justice Chander Bhushan Barowalia for stay on order of the Commission which had imposed Rs 45 lakh penalty on the entrant University giving three months time to refund the excess fee.  However, the bench recused itself and thus it was deffered. “Without hearing, the matter was deferred, sent to the Chief Justice, for further orders. Now the matter would be listed before a new bench on a later date of hearing.
The private institution were found guilty by H.P. State Private Regularity Educational Commission (HPPERC) for charging excess fee to the tune of Rs.1,03,965,3000 (103.96 Cr) from around 1100 MBBS students during 2012 to 2020 period. The MMU had challenged the order of Commission before Himachal Pradesh High court on July 19 seeking quashing and stay on it.
Defending the said order the counsel for HPPERC, Naresh Kaul said, that out of two members of Commission who had heard this matter, one member Shashi Kant Sharma did not signed it as his daughter was also enrolled in the University.
The defense counsel opposed the stay of order stating in the court that three months time was already allotted to University to implement the Commission order on the petition filled by two the MBBS (passed out) students who had blamed MMU to have charged excess fee from them.
On June 9, this year, taking cognizance of two separate complaints, HPPERC had found the respondent University and others guilty for charging 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 submitted by the University before it, also revealed that more than 1100 students who had passed out and were studying between 2012 to 2020, were charged excess fee to the tune of Rs.1,03,965,3000. The University cum medical College remained in thick controversy over similar intimidation in the past was found indulged in by Commission for extortion of money from the students in the name of tuition fee, hostel fee, University charges and development charges etc.
It is worthwhile to mention that the matter during hearing in the commission, was examined by the Chairman Major General Atul Kaushik and member Dr Shashi Kant Sharma. However the final order was passed by the Chairman of Commission as the other member decided to recuse from the same due to personal reasons.
The counsel for complainant students Rajeev Rai remained present in the court and also opposed the stay.


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