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B. R. GAVAI, K. V. VISWANATHAN
Srusti Academy Of Management – Appellant
Versus
State Of Odisha – Respondent
ORDER :
B.R.GAVAI, J
1. Leave granted.
2. The appeals challenge the judgment and orders dated 10.07.2023 and 06.07.2023 passed by the learned Division Bench of the High Court of Orissa at Cuttack, thereby the Division Bench of the High Court has upheld the recommendation dated 07.12.2022 of the Fee Structure Committee and the Notification dated 30.12.2022 issued by the State Government.
3. The perusal of the record would reveal that respondent-Fee Structure Committee had reduced the fees that the appellant(s) could charge to the students.
4. Indisputably, the said revision was made without giving an opportunity of being heard to the appellant(s).
5. It is a settled principle of law that any order inviting adverse civil consequences cannot be passed without adherence to the principles of natural justice. In any case, the relevant provision itself requires a hearing to be given to the institution(s) before a revision is made.
6. On this short ground, the appeals deserve to be allowed. The impugned judgment and orders dated 10.07.2023 and 06.07.2023 passed by the High Court and recommendation dated 07.12.2022 of the respondent-Fee Structure Committee and the Notification dated 30.12.2022 iss
The court emphasized that any order causing adverse civil consequences must adhere to natural justice principles, including the right to a hearing.
Once the fee is determined under Section 10(3) of the Act of 2007, the same is to remain intact for the period of three years and the students who have taken admission on the basis of such fees deter....
The downgrading of institutions’ fee categories without providing an opportunity for hearing violates the principles of natural justice, as mandated by the law regulating fee structures.
The court emphasized the necessity for the Fee Fixation Committee to justify fee adjustments while adhering to established precedents.
Point of law: The State cannot regulate the fees, in any manner it deems fit. The regulation by the State or any instrumentality of the State is restricted to ensuring that the proposed fee does not ....
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