Back
B. R. GAVAI, AUGUSTINE GEORGE MASIH
Chhattisgarh Dental College and Research Institute – Appellant
Versus
Shweta Kabra – Respondent
| Table of Content |
|---|
| 1. fee fixation and its challenges (Para 2 , 3 , 4) |
| 2. court's reasoning on fee refund legality (Para 5 , 7 , 8 , 9 , 10) |
| 3. arguments against retrospective fee application (Para 6) |
| 4. permission for bank guarantee encashment (Para 11) |
| 5. disposition of appeals (Para 12) |
| 6. conclusion of appeals (Para 13) |
JUDGMENT :
1. Leave granted.
3. The facts, in brief, giving rise to the present appeals are as under:
4. Being aggrieved thereby, a special leave petition was filed by the appellant-college. Notice in the present petition was issued on 12th May 2010. On the said date, interim directions were passed directing that the appellant-college shall refund the excess amount as per the order of the High Court to each of the students of 2003-2004 who have approached the Court. Further, all the documents of the students (such as marks card, provisional certificate, final certificate and intern completion certificate etc.) shall be released to the students on furnishing a bank guarantee against the refund amount. It was further directed that with regard to the students who had not paid any fee, the appellant-college were directed to release their documents to such students on furnishing
The court reaffirmed that fee fixation determined by a committee must apply prospectively and cannot retroactively impose a refund on students admitted prior to the fee committee's ruling.
The court established that delays in seeking relief under Article 226 do not bar claims when fundamental rights are violated, especially in cases involving mistakes or fraud.
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....
Regulation of fee is within domain of Committee for fixation of fee which shall ensure that fee is non-exploitative and reasonable. Right conferred on institutions to fix fee for professional courses....
The court emphasized the necessity for the Fee Fixation Committee to justify fee adjustments while adhering to established precedents.
The court emphasized that any order causing adverse civil consequences must adhere to natural justice principles, including the right to a hearing.
Court found that a medical college's appeal against earlier fee fixation orders lacked transparency and procedural integrity due to undisclosed prior litigation, ultimately affirming the initially se....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
