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IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVENDRA KUMAR UPADHYAYA, TUSHAR RAO GEDELA
Laxman Dass Sachdeva Memorial Educational Society – Appellant
Versus
Directorate Of Higher Education Government Of Nct Of Delhi – Respondent
JUDGMENT :
DEVENDRA KUMAR UPADHYAYA, CJ.
CM APPL. 64725/2023 in W.P.(C) 11382/2023
1. Having regard to the contents of the application and also considering the fact that learned counsel representing the respondents does not have any objections to the prayer made therein, the application is allowed. The amended memo of parties has also been filed and is taken on record.
W.P.(C) 11366/2023, W.P.(C) 11374/2023 and W.P.(C) 11382/2023
2. Since the subject matter and challenge made in these writ petitions is the same, with the consent of the learned counsel for the parties, all the three petitions are being disposed of by the judgment and order which follows.
3. The petitioner-institutions are privately managed and unaided colleges which are affiliated with Guru Gobind Singh Indraprastha University and are imparting education leading to grant of various undergraduate and postgraduate degrees awarded by the said University.
4. These petitions have been instituted by the petitioner-institutions challenging the notifications dated 10.04.2023 and 04.04.2022 issued by the Directorate of Higher Education of GNCTD under Section 6 (3) and 6(13) of the Delhi Professional Colleges or Institutions (Prohib
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 determination of fees for private medical colleges must be conducted by the Fee Regulatory Committee as per the Act of 2006, and the State Government cannot unilaterally extend previous fee struc....
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 impugned Government order was illegal and arbitrary as it was issued in exercise of power under Section 7 of the A.P. Educational Institutions (Regulation of Admission and Prohibition of Capitati....
Point of law: The right to establish an educational institution can be regulated; but such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere ....
Private educational institutions can set their own fee structures, provided they do not engage in profiteering or capitation fees, adhering to principles established in precedential Supreme Court cas....
Point of law : The proviso to Rule 8(3) provides that the Commission shall give the Institution an opportunity of being heard before fixing any fee or fees.
Point of law: The proviso to Rule 8(3) provides that the Commission shall give the Institution an opportunity of being heard before fixing any fee or fees.
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