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, 2004. While so, by letter dated 08.07.2019, the Admission and Fee Regulatory Committee (for short, ‘the AFRC’), constituted under Section 4 of the Act of 2007, called upon the Indore Institute of Law to submit its proposal for regulation of the fees pertaining to law courses offered by it. This was followed up by a reminder on 24.07.2019, which was addressed to all private law colleges in the State of Madhya Pradesh. The appellant society addressed reply dated 31.07.2019, stating that the AFRC was not empowered to regulate the fees charged by minority educational institutions and requesting that the notices issued may be withdrawn or cancelled. The AFRC responded, vide letter dated 14.11.2019, stating that a decision had been taken in the meeting held on 08.11.2019 that the fees of minority institutions should be fixed by the AFRC. The appellant society was accordingly informed that its request for relaxation from getting the fees fixed by the AFRC was rejected.

5. Aggrieved thereby, the appellant society preferred an appeal under Section 10 of the Act of 2007 before the designated authority. The appeal was dismissed by the appellate authority, by order dated 10.01.2020, holding that the procedure of regulating/fixing of fee was common to both minority and nonminority institutions. The review/recall petition preferred by the appellant society was dismissed with costs by the appellate authority on 06.03.2020.

6. Thereupon, the appellant society filed WP No. 9690 of 2020 before the Indore Bench of the Madhya Pradesh High Court. Its prayer therein was to declare Sections 4 and 9 of the Act of 2007 ultra vires as these provisions did not distinguish between minority educational institutions and other educational institutions and, in consequence, did not exempt minority educational institutions from fee-fixation. A further direction was sought to exempt the appellant society, being a minority educational institution, from the application of Section 9 of the Act of 2007, thereby permitting it to fix its own fees.

7. By order dated 19.11.2020, a Division Bench of the Madhya Pradesh High Court at Indore dismissed the writ petition. The Division Bench noted that the validity of the Act of 2007 had already been upheld in Modern Dental College and Research Centre (supra). The High Court then relied upon Sk. Md. Rafique v. Managing Committee, Contai Rahamania High Madrasah and others [ (2020) 1 SCT 627 (SC)], wherein this Court referred to its earlier edict in Ahmedabad Saint Xaviers College Society and another v. State of Gujarat and another [ (1974) 1 SCC 717 ] that the right under Article 30(1) of the Constitution is not absolute or above other provisions of law and the essence of Article 30(1) was to ensure equal treatment between majority and minority instit