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2009 Supreme(Ker) 649

P.R.RAMAN, P.BHAVADASAN
Bro. Joseph Antony – Appellant
Versus
Kerala State Electricity Board – Respondent


Appearing Advocates: For the Appellant:Kurian George Kannanthanam, (Sr. Advocate,) Govindh K. Bharathan (Sr. Advocate), Wilson Urmese, George Poonthottam, Bechu Kurian Thomas, T.P.M. Ibrahim Khan, C.P. Kunhikannan, Cyriac Mathew, G.S. Raghunath, George Mecheril, K.S. Sajeev Kumar, K.P. Kylasanatha Pillay, Rajit, Kuriakose G. Thekkel, Lekha Suresh, T.G. Lellulal (Thundathil), M.C. Antony, M.A. Firoz, P.C. lype, M.C. Antony, P.M. Pareeth, Manoj Ramaswamy, Mohammed Shameel, N. Sukumaran, Ranjith Babu, P.R. Reena, S. Amina, S.K. Madhu, S. Shyam, Smitha Chathanarambath, T.K. Kunhabdulla, V.C. James, V.M. Krishnakumar, V.V. Asokan, N. Nagaresh, K.B. Gangesh, Tom Jose Padinjarekara, M.A. Thomaskutty, Ashok Suresh & Ashik K. Mohamed Ali, Advocates. For the Respondents:C.K. Karunakaran, K.P. Dandapani, (Sr. Advocate,) Millu Dandapani, Government Pleader, (Lakshmi Narayan,)
K.B. Mohandas, Asst. Solicitor General, (P. Parameswaran Nair,) Sreedevi Kylasanath & Paul K. George, Advocates.

Judgment :-

P.R. Raman, J.

1. These appeals are directed against the common judgment rendered by the learned Single Judge in a batch of Writ Petitions filed challenging the tariff modification issued by the Kerala State Electricity Regulatory Commission in the matter of fixation of tariff for the Self-Financing Educational Institutions under Ss.62 and 86 of the Electricity Act, 2003 (hereinafter referred to for brevity "the Act"). The appellants are Self-Financing Educational Institutions either in the school level or in the college level. Some of the schools are under State Syllabus and some others under the C.B.S.E. Besides there are Industrial Training Institutions also. As per the new tariff notification Self-Financing Educational Institutions are classified under LT VII (A) as commercial institutions and the notification is effective from 01.12.2007.

2. Under this notification aided private educational institutions and Government Schools are classified under LT VII category. The challenge was made on several grounds. The contentions raised were that the source of revenue cannot be the basis of the discrimination between the educational institutions since all the educational ins















































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