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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SHEEL NAGU, CJ, ANIL KSHETARPAL
International Institute Of Veterinary Education And Research – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Anil Kshetarpal, J.
FACTUAL BACKGROUND
1.1 With the consent of the learned counsel representing the parties, CWP-3039 of 2021, 2946 and 19833 of 2024, shall stand disposed of by this common order.
1.2. The limited issue which arises for consideration before this court is:-
"Whether the Government is justified in directing an unaided private institute to charge fee from subsequent date contrary to the recommendation of Fee Fixation Committee which has been approved by the Government?"
1.3. In order to comprehend the issue involved in the present case, the relevant facts in brief are required to be noticed.
1.4. International Institute of Veterinary Education and Research (hereinafter for short 'IIVER') was established on 04.04.2011. For the first time, the Fee Structure was approved by the Government on 19.08.2015, with respect to 2014-2015 batch which authorizing the college to increase the fee @ 10% per annum every year for fresh batches. The relevant part of the decision is extracted as under:-
University quota (in Rs.) per Annual | Management Quota (in Rs.) Per Annual | NRI quota (in U.S.$) one time | Security (in Rs.) |
1.75 lakh | 3.50 lakh | 60,000 | 11 Lakh (Refundable) |
The petitioner college
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....
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....
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 ....
The respondents could not impose the conditions under the impugned clauses 10, 13, 21, and 22 while approving the fee structure in the petitioners' institute, as the conditions were not lawful and we....
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....
Regulation of fee is within domain of Committee for fixation of fee which shall ensure that fee is non-exploitative and reasonable. Right conferred on institutions to fix fee for professional courses....
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