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2007 Supreme(Ker) 442

V.K.MOHANAN, K.S.RADHAKRISHNAN
Malankara Orthodox S. C. M. College – Appellant
Versus
Fee Regulatory Committee – Respondent


Judgment :-

Radhakrishnan, J.

Ext.P5 order passed by the Fee Regulatory Committee for Professional Colleges dated 26-4-2007 is under challenge in this writ petition on the ground that the Regulatory Committee has exceeded the powers conferred on it under Section 6 of Act 19/06 in interfering with the power of the management in fixing the fee structure.

2. Petitioner has sought for a declaration that petitioner is entitled to collect fees from the students based on the fee structure proposed by them before the committee. Government of Kerala has constituted the Fee Regulatory Committee under section 6 of Act 19 of 2006. Powers conferred on the Regulatory Committee under the Act was the subject matter of the decision of this Court in Lisie Medical & Education Institutions v. State of Kerala, 2007(1) KLT 409. This court placing reliance on the decision of the Supreme Court in TMA Pai Foundation case (2002) 8 SCC 481, Islamic Academy's case (2003) 6 SCC 697, and Inamdar's case (2005) 6 SCC 527 held as follows:

"It is further clear that the fee has to be decided by the institutions themselves and such right of the institutions cannot be arrogated by the State. While, however, fixing the fe











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