B.R. Gavai, J.

1. A common question of law that arises for consideration in these Petitions is, as to whether Petitioners who are Autonomous Colleges/Institutions, as defined in subsection (6) of Section 2 of the Maharashtra Public Universities Act, 2016 (hereinafter referred to as “2016 Universities Act”), are governed by the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission and Fees) Act, 2015 (hereinafter referred to as “Regulation Act of 2015”) or not?

2. Since all these three Petitions involve a common question of law they have been heard together and are being disposed of by this common judgment and order.

3. Factual position in all the three matters is undisputable. Petitioner in Writ Petition No.2813 of 2017 is an Autonomous Unaided College of Engineering, affiliated to the University of Mumbai and approved by the All India Council for Technical Education. The perusal of the communication addressed by the University Grants Commission (“UGC”) to University of Mumbai dated 22/05/2013 would show that it has informed the University that the Commission on the recommendations of the Standing Committee, has agreed to grant autonomous status to the Petitioner under the UGC autonomous colleges scheme for a period of six years from the academic year 2013-2014 to 2018-2019. Accordingly, University of Mumbai vide communication dated 18/03/2014 informed the Petitioner that University of Mumbai has conferred autonomous status on it for a period of six years from the academic year 2013-2014 to 2018-2019 in accordance with the provisions made in Statutes No.593 to 642. Notification to this effect was also issued by the University on 12/05/2014.

4. The Maharashtra Legislature in the year 2015 enacted the said Regulation Act of 2015. Petitioner addressed a communication dated 14/01/2016 to the Fees Regulating Authority (hereinafter referred to as the “Authority”) constituted under the provisions of the Regulation Act of 2015, informing it that since it was an Autonomous Institution it would like to avail of autonomy for fixation of its fee structure for various courses conducted by it. A communication was addressed to the Petitioner on 04/03/2016 thereby communicating the Resolution of the Authority dated 02/03/2016, whereby it was resolved that the College may act as per the requirements of the UGC and University of Mumbai and that the College may follow the Rules.

5. However, the Petitioner received a notice dated 07/04/2016, informing that pursuant to the passing of the Regulation Act of 2015, it was mandatory for all such Institutions to get course-wise fee approved by the Authority for every academic year. It was further informed that in case of contravention of any of the provisions of the Act, there was provision for imposing penalty on the Institution committing breach. The Petitioner replied to the said notice on 29/06/2016, stating therein that since it was an Autonomous Institution, it was not subject to the jurisdiction of the Authority and as such, the notice issued be recalled. However, on 06/09/2016, Petitioner was served with the Notification issued by the Authority, calling upon all Private Unaided Private Professional Educational Institutions to submit their proposed fee structure in the revised format not later than 31st October for the academic year 2016-2017 & 2017-2018 for approval of the authority under the provisions of Section 14(a) of the Regulation Act of 2015. Being aggrieved by the said Notification, the Petitioner filed Writ Petition No.309 of 2017 before this Court, seeking a declaration that Chapter IV of the Regulation Act of 2015 was not applicable to the Petitioner. Petitioner thereafter received a notice dated 08/05/2017 from the Authority, informing that the matter of the Petitioner was fixed on 12/05/2017 at 2 p.m and directed the Petitioner to remain present along with relevant documents. Petitioner also submitted written submissions before the Authorit