The main legal point established in the judgment is the need for a balanced and reasonable approach to fee determination, considering guidelines from relevant cases and government directives.

On 25-9-04, we had allowed the special appeal and passed the following order:

"for the reasons to be recorded later, we allow the special appeal and fix an amount of Rs. 48,125/-as average, fee for students of 2003-04 batch of MBA/mca course for their first and second year course, which fee is inclusive of the average Tuition Fee, Development Fee and Other Fee. The aforesaid fee does not take into account the internal examination fee, University examination fee and insurance charges and the security and admission fee, if it has not already been paid, which amount is to be paid by the students in addition to the aforesaid amount. The students who have paid any amount towards the fee for the academic session 2003-04 (first year of the course), they shall only be required to pay the difference of amount, if any, becomes due, as per the amount which we have fixed for each of the academic years 2003-04 and 2004-05. The students, who are now pursuing the second year course and have not paid any fee, shall pay the entire amount of Rs. 48, 125.

We further direct that the students, who have not paid any fee in their second year course, they shall pay the entire amount of Rs. 48,125 by 30th November, 2004. The students who have paid any amount in their second year also, the same shall be adjusted keeping in mind the average fee determined by us by the college authorities. In respect of any difference of amount of fee, which the students are required to pay for the average fee of the academic year 2003-04, the difference of the amount as against the amount paid by them in the said session and the amount determined by us aforesaid shall be paid by them within a reasonable time, say before they undertake the final examination.

This provisional or tentative determination of fee is subject to final determination which may be made by the Committee and would be open to adjustment on either side i. e. in case if the determination by the Committee is less than the fee paid by the students, the respondent institution shall refund the excess amount without any delay, say within maximum period of three weeks from such determination, but in case the fee determined by the Committee is found more than the fee paid by the students, they would make the deficiency good within a maximum period of one month from the date of the said determination. All the appellants and other like students of 2003-04 batch of MBA/mca course shall give an undertaking along with a notarized affidavit of the aforesaid fact within a maximum period of three weeks from today before the Director/principal of the institution, failing which the benefit of this interim arrangement made by the Court would not be available to them and it will be open to the respondent institution to realise the fee as has been determined by them".

2. We now proceed to give our reasons.

3. This special appeal arises out of an order passed by the learned Single Judge dated 14-9-04 by means of which the writ petition filed by the appellants challenging the demand of additional ice for pursuing M. B. A. /m. C. A course in Northern India Engineering College, Faizabad Road, Lucknow has been dismissed.

4. For making the higher education, both technical and non-technical, available to the maximum number of students, who are desirous of pursuing such higher studies, without compromising with the quality of higher education, one of the foremost consideration and essential feature is the determination of fee, i. e. laying down the fee structure for such higher studies.

5. The question has been considered by the Apex Court in various cases and/guidelines and directions have also been issued regarding the manner and the factors, which should be taken into consideration for determining such fee. In T. M. A. Pai Foundation v. State of Karnataka, 2002 (2) LBESR 933 (SC) : (2002) 8 S. C. C. 481, the Supreme Court laid down certain guidelines and issued directions for determination of fee in pursuance of which a GO. dat

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