Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(Ker) 75867

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANIKUMAR, CJ, J, SHAJI P.CHALY, J
MALABAR COLLEGE OF ENGINEERING AND TECHNOLOGY – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 7561 OF 2020 | WP(C) NO. 8305 OF 2020 | WP(C) NO. 8335 OF 2020 | WP(C) NO. 8364 OF 2020 | WP(C) NO. 8542 OF 2020 | WP(C) NO. 8899 OF 2020 | WP(C) NO. 9247 OF 2020 | WP(C) NO. 9151 OF 2020 | WP(C) NO. 9342 OF 2020 | WP(C) NO. 9340 OF 2020 | WP(C) NO. 9999 OF 2020 | WP(C) NO. 10084 OF 2020 | WP(C) NO. 10919 OF 2020 | WP(C) NO. 34396 OF 2017

Advocates:
For the Appellants/Petitioners: S.KRISHNAMOORTHY, SMT.NITHYA SUGUNAN, SHRI.JESUDASAN K X
For the Respondents: SRI.ELVIN PETER P.J., SRI.TEK CHAND

The court affirmed that a university can lawfully set and enforce affiliation fees and financial guarantees for self-financing colleges under its governing Act, supporting policy enforcement and financial regulations in education.

Headnote:(A) A.P.J. Abdul Kalam Technological University Act, 2015 - Sections 25, 30, and 60 to 65 - Affiliation fee and financial guarantee - The University is empowered to fix and collect affiliation fees and financial guarantees from self-financing colleges. The demands were held non-discriminatory and lawful under the Constitution. (Paras 36 and 38)

(B) Education Law - Fees approval and variations - Fees fixed by the Syndicate must be abided by self-financing colleges despite claims of excessive charges and differentiation from government institutions. (Paras 4, 10, 28, and 36)

Facts of the case:
Multiple self-financing engineering colleges challenged the legality of increased affiliation fees and financial guarantees imposed by the defendant university, asserting violations of constitutional rights.

Findings of Court:
The court upheld the university's authority to impose fees and financial guarantees and dismissed petitions against these demands.

Issues: The principal issues concerned the university's power to adjust fees and whether such adjustments violated constitutional provisions.

Ratio Decidendi: The court reasoned that provisions of the A.P.J. Abdul Kalam Technological University Act grant the university extensive power to regulate fees; prior agreements bind colleges to settle dues incurred.

Result: Writ petitions disposed of, with colleges directed to pay the affiliation fees as demanded.

Table of Content
1. affiliation fee and guarantee structure established. (Para 1 , 2 , 3)
2. university's authority to impose fees contested. (Para 4 , 5)
3. different classes of institutions cannot be equated. (Para 6 , 10 , 11)
4. quality measures and fee structure justified. (Para 7 , 8 , 12)
5. recommendations for fee adjustment discussed. (Para 14 , 15)
6. university's authority confirmed under the acting statute. (Para 27 , 28 , 34)
7. affiliation fee obligation upheld. (Para 36 , 38)
8. financial guarantee specifics outlined. (Para 39 , 40)

JUDGMENT

SHAJI P.CHALY,J.

Captioned writ petitions are materially connected with respect to the affiliation fee enhanced, as well as the financial guarantee imposed on Self Financing Engineering Colleges by the APJ Abdul Kalam Technological University as per Exhibit P5 notification dated 13.2.2019, & Exhibit P11 notification dated 12.3.2020, whereby the Self Financing Institutions were directed to remit amounts towards the financial guarantee at the rate mentioned in the fee schedule and time schedule respectively.

2. As per notification dated 28.03.2016, the University invited applications for affiliation of existing and new technical institutions within the State, which conducts Undergraduate and Postgraduate degrees in Engineering and Technology for the academic year 2015-2016, along with the application for affiliation of other courses offered by the colleges. However the University has issued a notification dated12.03.2020 for affiliation of existing and new technical institutions of the State, which conduct Undergraduate and Postgraduate programmes in Engineering and Technology and other courses for the academic year 2020-2021. The fee details in the notification dated 28.03.2016 for the academic year 2016- 2017 are as hereunder:

“ Fee Details Fee to be remitted at the time of submitting application* :Rs.1,00,000/-

(include Application processing fee, inspection fee etc.) for New Institutions.

Fine for late submission Rs.50,000/-

Financial Guarantee ** Rs.25 Lakhs

(Refundable Security Deposit towards guarantee to comply with instructions of the University regarding affiliation for New Institutes)

Annual affiliation fee**

a. For New Institutes

UG Programme : Rs. 10 Lakhs

PG Programme : Rs. 5 Lakhs

UG + PG Programmes : Rs. 12 Lakhs

b. For Existing Institutes affiliated to KTU.

Since the existing colleges have to continue with other universities also, KTU will collect affiliation fee as given below for the academic year 2016-17.

Institutions offers only UG program :Rs 5 Lakhs

Institutions offers only PG program : Rs 5 Lakhs

Institute offers UG & PG programes : Rs 7 Lakhs

*Government Colleges need not pay any fee, ** Government/Government Aided Colleges need not pay any fee)

Registrar ”

The fee schedule as per the notification dated 13.02.2019 disputed by the petitioners for the academic year 2019-2020 are as hereunder:

Schedule

Start Date of Online Application 13.02.2019

Last Date of submission of Online 28.02.2019 Application

Last Date of submission with Fine 05.03.2019

Fee Details

Fee to be remitted at the time of submitting application Rs.1,00,000/for New Institutions only

(Include Application processing Inspection fee etc.)

Fine for late submission Rs.50,000/-

Financial Guarantee ** Rs.25 Lakhs

Annual affiliation fee**

UG Programme Rs.10 Lakhs

PG Programme Rs.5 Lakhs

UG + PG Programmes Rs.12 Lakhs

[Government Institutions need not pay any fee, ** Government/ Government Aided Institutions need not pay any fee)

3. Likewise the fee details prescribed under the notification dated 12.03. 2020 for the academic year 2020-2021 disputed by the petitioners are as hereunder:

Schedule

Start Date of Online Application	12/03/2020
Last Date of submission of Online Application	25/03/2020
Last Date of submission with Fine	04/01/2020

Fee Details

Fee to be remitted at the time of submission of application	Rs.1,00,000 for New Institutions only (include Application processing fee, inspection fee etc.)
Fine for late submission	Rs.50,000/-
Financia

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