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2020 Supreme(SC) 447

ROHINTON FALI NARIMAN, NAVIN SINHA, B.R.GAVAI
RAJEEV GANDHI MEMORIAL COLLEGE OF ENGINEERING AND TECHNOLOGY – Appellant
Versus
STATE OF ANDHRA PRADESH – Respondent


Advocates Appeared:
For the Parties :B. Adinarayana Rao, Rana Mukharjee, Byrapaneni Suyodhan, Tatini Basu, K.V. Viswanathan, Ramesh Allanki, Priyanka Vora, Eklavya Dwivedi, Siddhant Buxy, Aruna Gupta, Ramesh Allanki, Srinivasa Rao Pachwa, Syed Ahmed Naqvi, Rupali Sharma, Mahfooz A. Nazki, Polanki Gowtham, Amitabh Sinha, G. N. Reddy, (N.P.), Advocates

JUDGMENT

R.F. Nariman, J.

1) Leave granted.

2) Applications for Intervention are allowed.

3) The Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (for short “the Act”), inter alia, deals with fee fixation insofar as unaided institutions like the present two institutions are concerned.

4) For the years 2016-2019, so far as the petitioner in the first matter is concerned, the fee was fixed at Rs.86,800/-, and so far as the Petitioner in the second matter is concerned, it was fixed at Rs. 59,500/- per student. Thereafter for the next block of two years i.e. 2019-2020, proposals were made by both the petitioner in the first matter and in the second matter asking for an increase up to Rs. 1.35 lakhs and Rs.72,000/- respectively. 5) Rule 4 which is made under the said Act provides as follows:-

    “4. FEE FIXATION:

    (i) The AFRC shall call for, from each Institution, its proposed fee structure well in advance before the date of issue of notification for admission for the academic year along with all the relevant documents and books of accounts for scrutiny.

    (ii) The AFRC shall decide whether the fees proposed by the Institution is justif


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