IMPORTANT POINTS
Any fee or deposit for professional courses leading to degrees in Medicine and Engineering must be screened and assessed by Committee on Fixation of Fee.
Any action in defiance or ignorance of a particular modality is prescribed by Legislature Cannot be protected or preserved on the plea of estoppel.

Headnote:(a) Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992 – Section 2(b) – Educational institution – Activity of an institution leading to award of degree or diploma by any University – Such institution shall be “educational institution” – Such ‘educational institution’ not required to be specified by notification. (Para 13)
       (2003) 6 SCC 697; (2008) 8 SCC 82 – Referred
       (b) Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992 – Section 3(b) r/w Section 3(1), Annamalai University Act, 2013 – University established under Annamalai University Act, 1928 deemed to have been established and incorporated under 2013 Act – Giving full effect to the legal fiction, held, University in present case is one established under any law made by the Legislature of the State of Tamil Nadu. (Para 14)
       (1978) 3 SCC 383 – Relied upon
       1952 AC 109, 132 =(1951) 2 All ER 587 – Referred
       (c) Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992 – Section 4(2-A), Explanation – Fee Fixation Committee – Statutory mechanism – Government empowered to regulate any fee or deposits – But Section 4(2-A) given overriding effect in relation to imparting of education leading to a degree in medicine or engineering – Does not require any notification by Government – Fee structure for an institution imparting education leading to a degree or diploma has to be that fixed by the Committee. (Para 17)
       (2003) 6 SCC 697; (2005) 6 SCC 537 – Relied upon
       (d) Annamalai University Act, 2013 – Section 4(13) and 20(1)(m) r/w Section 4(2-A), Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992 – Fees in relation to professional courses leading to degrees in Medicine and Engineering – Must be screened and assessed by Committee on Fixation of Fee. (Para 18)
       (e) Estoppel – Any action in defiance or ignorance of a particular modality is prescribed by Legislature – Cannot be protected or preserved on the plea of estoppel. (Para 18)
       (2008) 8 SCC 82 – Distinguished
       Facts of the case:
       150 students who had taken admission in First MBBS Course in Respondent No.2 College for the Academic Session 2013-14 preferred Writ Petition questioning fees of more than Rs.5.54 lakhs per annum imposed by the University. Similar challenge was raised by students studying in Dental Courses which petitions were heard and dealt with by the High Court along with the main matter.
       The Single Judge of the High Court dismissed the challenge raised by the petitioners.
       The Division Bench dismissed the appeals.
       Finding of the Court
       Any fee or deposit for professional courses leading to degrees in Medicine and Engineering must be screened and assessed by Committee on Fixation of Fee.
       Result: Appeals allowed.

JUDGMENT

Uday Umesh Lalit, J.

Special leave to appeal granted in all matters.

These appeals are directed against the common judgment and order dated 26.09.2016 passed by the High Court of Judicature at Madras in Writ Appeal No.1637 of 2014 and other connected matters. Matter arising from Writ Appeal No.1637 of 2014 which in turn arose from Writ Petition No.20720 of 2014, namely M. Aamira Fathima and others v. Annamalai University and others is taken to be the lead matter and the facts leading to the filing of the said writ appeal are set out in detail hereunder.

2. Annamalai University (hereinafter referred to as “the University”) was constituted under the Annamalai University Act, 1928 (Madras Act No.1 of 1929)1. This Act received the assents of Governor and Governor General on 03.11.1928 and 11.12.1928 respectively and was first published in the Fort of St. George Gazette dated 01.01.1929. The University established Respondent No.2 College, namely, Rajah Muthiah Medical College in the year 1985. 1Words “Tamil Nadu” were substituted for the word “Madras” by Tamil Nadu Adaptation of Law and Order, 1969

3. In 1992 the State legislature enacted the Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992 (hereinafter referred to as “1992 Act”). Section 2(b) defined Educational Institution as under:-

“(b) “educational institution” means any institution by whatever name called, whether managed by any person, private body, local authority, trust or University, carrying on the activity of imparting education leading to a degree or diploma (including a degree or diploma in law, medicine or engineering) conferred by any University established under any law made by the Legislature of the State of Tamil Nadu and any other educational institution or class or classes of educational institutions (other than any educational institution established by the Central Government or under any law made by Parliament) as the Government may, by notification, specify;”

Section 4 dealt with regulation of tuition fee or other fees or deposits and was initially as under:-

“4. (1) Notwithstanding anything contained in any other law for the time being in force, the Government may, by notification, regulate the tuition fee or any other fee or deposit that may be received or collected by any educational institution or class or classes of such educational institutions in respect of any or all class or classes of students :
Provided that before issuing a notification under this subsection, the draft of which shall be published in the Tamil Nadu Government Gazette stating that any objection or suggestion which may be received by the Government, within such period as may be specified therein, shall be considered by them.
(2) No educational institution shall receive or collect any fee or accept deposit in excess of the amount notified under subsection (1).
(3) Every educational institution shall issue an official receipt for the fee or deposit received or collected by it.”

4. After the judgment of this Court in Islamic Academy of Education and another v. State of Karnataka and others, (2003) 6 SCC 697 sub-section (2-A) was added along with an Explanation in Section 4 of 1992 Act by the State Legislature vide Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Amendment Act, 2007. As a result of the aforesaid insertion of sub-section (2-A) and Explanation, Section 4 of 1992 Act now reads as under:

“4. (1) Notwithstanding anything contained in any other law for the time being in force, the Government may, by notification, regulate the tuition fee or any other fee or deposit that may be received or collected by any educational institution or class or classes of such educational institutions in respect of any or all class or classes of students :
Provided that before issuing a notification under this subsection, the draft of which shall be published in the Tamil Nadu Government Gazette stating that any obj

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