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2019 Supreme(Mad) 1971
IN THE HIGH COURT OF MADRAS
S. Manikumar, Subramonium Prasad, JJ.
G.R. Ravindranath – Appellant
Versus
The Principal Secretary to Government, Higher Education Department – Respondent
W.P. No. 17867 of 2019, W.M.P. Nos. 17270, 17273, 17277 of 2019
Decided On : 02-07-2019
Advocate Appeared:
For the Appellant : S. Thanka Sivan.
For the Respondents: V. Kadhirvelu, Abdul Saleem, Vijay Narayanan, K. Sathish Kumar, V.P. Raman.
Headnote:
Annamalai University Act, 1928 - Section 2 - challenge to setting up of the two Committees - educational institution - whether managed by any person, private body, local authority, trust or university, carrying on the activity of imparting education leading to a degree or diploma (including a degree or diploma in law, medicine or engineering) conferred by any university established under any law made by the legislature of the State of Tamil Nadu and any other educational institution or class or classes of educational institutions as the Government may, by notification, specify - educational institution" means any institution, by whatever name called, whether managed by any person, private body, local authority, trust or university, carrying on the activity of imparting education leading to a degree or diploma (including a degree or diploma in law, medicine or engineering) conferred by any university established under any law made by the legislature of the State of Tamil Nadu and any other educational institution or class or classes of educational institutions (other than any educational institution established by the Central Government or under any law made by Parliament) as the Government may, by notification, specify – Held, On behalf of the Registrar, Annamalai University, Annamalai Nagar, Chidhambaram/ 5th respondent and Rajah Muthiah Medical College, Annamalai Nagar, Chidhambaram/ 7th respondent, Mr. Vijay Narayanan, learned Advocate General submitted that Rajah Muthiah Medical/Dental College, Annamalai Nagar, Chidhambaram, will notify in their official website that Rajah Muthiah Medical/Dental College, Annamalai Nagar, Chidhambaram, would collect the fee i.e. a sum of Rs. 4,00,000/- for MBBS course and a sum of Rs. 2,50,000/- for BDS course for the academic year 2019-2020, on par with private unaided medical colleges, and that the fee would be subject to outcome of the Writ Petition in W.P. (C) No. 1361 of 2018 on the file of the Honble Supreme Court - Learned Advocate General further submitted that each student must give an undertaking that they would pay the differential fee, if the Honble Supreme Court accepts the fee fixed by the Committee for the professional courses, conducted by Rajah Muthiah Medical and Dental College University, Chidambaram - Clause 14 of the Prospectus issued by the Government of Tamil Nadu, for admission to MBBS/BDS Degree Courses in Tamil Nadu, for Rajah Muthiah Medical and Dental College, for the academic year 2019-2020 which states that fee structure of Rajah Muthiah Medical and Dental College, Annamalai University, Chidhambaram, will be adopted as fixed by Annamalai University, Chidhambaram, is erroneous and contrary to the orders extracted supra. Therefore, the said Clause as far as it relates to Rajah Muthiah Medical and Dental College, Annamalai University, Chidhambaram, is struck down - said fixation was done based upon the audit report submitted by the University for the above said years. This Respondent University claimed the expenditure under the various heads like Salary and other Remuneration, Administrative Expenses, Students Expenses, payment to Statutory Bodies, etc. and the same was considered by the Fee fixation Committee and passed an order – Petition allowed
ORDER :
1. Instant Writ Petition has been filed for a writ of certiorarified mandamus, calling for the records relating to the "Prospectus for Admission to MBBS and BDS Degree Courses in Tamil Nadu Government Medical/Dental Colleges 2019-2020 Session" published by the respondents 1 to 4 in so far as the same declaring Raja Muthiah Medical College as unaided private medical college and fixing the fee as Rs. 5,44,370/- for MBBS Course and allowing Annamalai University to fix the fee for BDS course and struck down the same and consequently direct the respondent authorities to treat the seats available in the said medical college as "Government Seats" and declare the fee structure thereof on par with the Tamil Nadu Government Medical and Dental Colleges forthwith.
2. Petitioner has contended that Annamalai University was constituted under the Annamalai University Act, 1928 [Madras Act 1 of 1929]. The Act received the assent of the Governor and the Governor General on 03.11.1928 and 11.12.1928, respectively and was first published in the Fort of St. George Gazette dated 01.01.1929. The University established the respondent no. 7 College, namely, Rajah Muthiah Medical College in the year 1985.
3. In the year 1992, the State Legislature enacted the Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992 (hereinafter referred to as "the 1992 Act"). Section 2(b) of the said Act defines "educational institution" as under:
"2(b) "educational institution" means any institution, by whatever name called, whether managed by any person, private body, local authority, trust or university, carrying on the activity of imparting education leading to a degree or diploma (including a degree or diploma in law, medicine or engineering) conferred by any university established under any law made by the legislature of the State of Tamil Nadu and any other educational institution or class or classes of educational institutions (other than any educational institution established by the Central Government or under any law made by Parliament) as the Government may, by notification, specify."
4. Section 4 of the 1992 Act deals with the regulation of tuition fee or other fees or deposits and was initially as under:
"4. Regulation of fee, etc. - (1) Notwithstanding anything contained in any other law for the time being in force, the Government may, by notification, regulate the tuition fee or any other fee or deposit that may be received or collected by any educational institution or class or classes of such educational institutions in respect of any or all class or classes of students:
Provided that before issuing a notification under this sub-section, the draft of which shall be published in the Tamil Nadu Government Gazette stating that any objection or suggestion which may be received by the Government, within such period as may be specified therein, shall be considered by them.
(2) No educational institution shall receive or collect any fee or accept deposit in excess of the amount notified under sub-section (1).
(3) Every educational institution shall issue an official receipt for the fee or deposit received or collected by it."
5. After the judgment of the Hon'ble Supreme Court in Islamic Academy of Education vs. State of Karnataka, (2003) 6 SCC 697, sub-section (2-A) was added along with an Explanation in Section 4 of the 1992 Act by the State Legislature vide the Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Amendment Act, 2007. As a result of the aforesaid insertion of sub-section (2-A) and Explanation, Section 4 of the 1992 Act now reads as under:
"4. Regulation of fee, etc.
(1) Notwithstanding anything contained in any other law for the time being in force, the Government may, by notification, regulate the tuition fee or any other fee or deposit that may be received or collected by any
