The court emphasized that any order causing adverse civil consequences must adhere to natural justice principles, including the right to a hearing.

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 issued by the State government are quashed and set aside.

7. We clarify that for the next academic session, the respondent-Fee Structure Committee as well as State Government would determine the fee structure by following the procedure as set out under Sections 6 and 7 of the Orissa Professional Educational Institutions (Regulation of Admission & Fixation of Fee) Act, 2007 and the law laid down by this Court.

8. Needless to state that till the fees for the next academic session are redetermined, the appellant(s) would continue to charge the fees which existed before passing the impugned judgment and order.

9. Pending application(s), if any, stand(s) disposed of.