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.

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 (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence) Act, 2007 (hereinafter referred to as the ‘2007 Act’) whereby the fee to be charged by the petitioner-institutions has been notified as proposed by the State Fee Regulatory Committee (hereafter referred to as ‘SFRC’) constituted under the said enactment. By the impugned notification, these institutions which were earlier categorised as ‘A+’ institutions entitling them to charge higher fee than the fee being charged by institutions categorised as ‘A’, have been downgraded as category ‘A’ institutions.

5. The necessary facts which are relevant to be mentioned for evaluation and determination of the issues involved in these petitions are as under.

6. Challenging the earlier notification dated 04.04.2022, a society/association namely, Self-Financing Education Institutions (Regd.) had filed a writ petition being W.P.(C) No.13897/2022 which was finally disposed of by a Coordinate Bench of this Court by means of an order dated 26.09.2022, permitting the colleges, which are members of the aforesaid association, to submit their representations which was ordered to be decided by the GNCTD as expeditiously as possible. The Court further provided that the representations preferred under the said order shall be decided preferably within two weeks. It was also provided in the said order by the Court that the GNCTD will be free to take appropriate decision in accordance with the law in the matter. The Court further observed that the SFRC shall cooperate with the GNCTD in the matter and shall forward the entire records in respect of the colleges to GNCTD. The Court while disposing of the said writ petition by means of the order dated 26.09.2022 further observed that in case the GNCTD arrives at a conclusion that the process of assessment has to be done afresh, the SFRC shall be free to re-assess the colleges in question.

7. Pursuant to the aforesaid order passed by the Coordinate Bench of this Court on 26.09.2022, representations were made, both by the petitioner-institutions as also by the association to the government. We may refer to two such representations dated 28.09.2022 and 28.10.2022 filed by the petitioner in W.P.(C) No.11382/2023. It is to be noticed that the Court while disposing of the writ petition filed by the association, vide its order dated 26.09.2022, had directed the GNCTD to decide the representations to be preferred by the petitioners under the said order, preferably within a period of two weeks. However, since no decision was taken, a miscellaneous application was moved in the aforesaid petition, which was taken up and disposed of by the Court by means of an order dated 17.11.2022 reiterating the directions issued