(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) The petitioner educational institution has challenged the fee structure fixed by the Fee Regulatory Committee by its order dated 6.8.2009 and has further prayed for re-fixation of the fees as per the accounts submitted by the petitioner, particularly, taking into account revision in salary of the teaching and non-teaching staff pursuant to the recommendations of the Sixth Pay Commission.
Group of petitions being Special Civil Application No. 5655/2009 and connected matters raising several issues including the issues raised by the present petitioner in this petition came to be disposed of by a common judgment dated 9.4.2010 in which following directions were issued :
10. Under the circumstances, we hold and direct that :
(i) In cases where Justice R.J. Shah Committee has fixed the fee for a particular academic year which is less than the fee which was previously fixed by A.U. Patel Committee for the same year, it is the later i.e. the fee fixed by A.U. Patel Committee which shall prevail.
By way of illustration, in case of H.B. Kapadiya Education Trust, petitioner of Special Civil Application No.5655/2009, for the year 2006-2007 A.U. Patel Committee had fixed annual fee of Rs.28,200/- against which for the same year Justice R.J. Shah Committee has fixed fee of Rs. 26,000/- . In such a case, it is the fee fixed by A.U. Patel Committee of Rs. 28,200/- that shall prevail.
(ii) In cases where the fee fixed by Justice R.J. Shah Committee is higher than what was fixed by A.U. Patel Committee for the same year, it is the fee fixed by Justice R.J. Shah Committee which shall prevail.
By way of illustration, in case of Sarvodaya Charitable Trust, petitioner of Special Civil Application No.12022/2009 for the year 2006-2007, A.U. Patel Committee had fixed fees at Rs. 20,000/- per annum. For the same year, Justice R.J. Shah Committee had fixed the fees at Rs. 21,000/- per annum. Fee fixed by Justice R.J. Shah Committee therefore, shall prevail.
(iii) In case of the Cambay Education society, petitioner of Special Civil Application No.6543/2009, there was no previous decision of A.U. Patel Committee. Fee fixed by Justice R.J. Shah Committee shall therefore, stand. Similarly, is the case for the academic years 2003-2004, 2004-2005 and 2005-2006 of Sarvodaya Charitable Trust, petitioner of Special Civil Application No.12022/2009 and therefore, fee fixed by Justice R.J. Shah Committee shall stand.
(iv) The fee structures provided by Justice R.J. Shah Committee in each of the cases shall stand modified to the above extent.
(v)(a) In cases where the colleges have been permitted to collect fees at the rate of Rs. 30,000/- per annum per student and where by way of above formula contained in directions (i),(ii),(iii) and (iv), the final fee fixation in their favour is less than Rs. 30,000/-, such institutions shall not be required to refund the excess fees to the students.
(v)(b) In cases where the fee fixation pursuant to above directions
(i),(ii),(iii) and (iv) is higher than Rs. 30,000/- per year per student for any years, the colleges shall not be permitted to recover the difference of fees from the students.
(v)(c) However, it is clarified that fee structures as provided here-in-above in para. (i),(ii),(iii) and (iv) shall hold the field for all other purposes including consideration of fee revision for future years.
(vi) We have provided for the above formula in larger interests of all concerned to achieve finality of fee structures which is pending since many years. In view of the above formula and in view of the stand adopted by the counsel for the petitioners before us, we have not dealt with the factual and legal contentions raised by the petitioners. It is therefore, clarified that contentions raised in the petitions shall not be taken to have been accepted by us.
(vii) It is clarified that benefit of this order shall be confined only to the present petitioners and shall not be available to any of the educational institutions who are not before us.
Learned advocates appearing for both sides agreed that present petition can also be disposed of along similar lines.
In the circumstances, petition is disposed of by providing that directions issued by this Court in judgement dated 9.4.2010 passed in Special Civil Application No. 5655/2009 and connected matters reproduced here-in-above, would cover the present petition also to the extent same are applicable.
(S.J.Mukhopadhaya,C.J.) (Akil Kureshi,J.) (raghu) Top