JUDGMENT :

Sanjay Kumar, J.

Leave granted.

2. The short question that arises for consideration in this case is whether a minority educational institution in the State of Madhya Pradesh is required to get the fees charged by it fixed by the Admission and Fee Regulatory Committee under the provisions of the Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007 (for short, 'the Act of 2007')?

3. This issue is no longer res integra as the contours and import of the Act of 2007, including the question aforestated, were dealt with and decided by a Constitution Bench in Modern Dental College and Research Centre and others v. State of Madhya Pradesh and others [ (2016) 7 SCC 353 ]. However, failure of the parties in properly understanding the ratio decidendi of the above decision led to the present litigation.

4. Icon Education Society, the appellant herein, maintains and manages two unaided educational institutions at Indore, viz., Indore Institute of Law and Indore Nursing College. Both these institutions qualify as ‘minority educational institutions’ under Section 2(g) of the National Commission for Minority Educational Institutions Act