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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 :
B.R. GAVAI, J.
1. Leave granted.
2. The present appeals challenge the common judgment and final order dated 6th April 2010 passed by the High Court of Chhattisgarh at Bilaspur (hereinafter referred to as, “High Court”) whereby the writ petition filed by appellant-college objecting to the fee fixation came to be dismissed and a batch of writ petitions filed by the students (admitted to the BDS course in the appellant-college in the academic years 2003-2004 and 2004-2005) came to be allowed thereby directing the students to pay tuition fee at the rate of the fee fixed i.e. Rs. 1,25,000/- and further directed that any amount paid by the students in excess shall be refunded by the appellant-college.
3. The facts, in brief, giving rise to the present appeals are as under:
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....
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