PAWAN KUMAR Vs. GOVT OF NCT DELHI

JUDGEMENT

(1.) IN the year 2007, Government of National Capital Territory of Delhi (respondent No.1) enacted the ,,Delhi Professional Colleges or INstitutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence) Act, 2007 (hereinafter referred to as ,,the Act). The Preamble of the Act reads as under:-

(2.) BEING relevant for the present decision, the applicable provisions of Section 6 of the Act may also be noted. They read as under:-

(3.) VIDE its letter dated 05.08.2008, the State Fee Regulatory Committee forwarded its 2nd report for regulating fee structure of privately managed institutions offering different courses in the National Capital Territory of Delhi to the respondent No.1, wherein it was recommended that a fee of Rs. 1,50,000/- per annum be charged from the students admitted in ACMS for the academic session 2008-09 and that the said fee structure may be reviewed by the State Fee Regulatory Committee in the next academic session. On 18.08.2008, the respondent No.1 issued a circular informing that the Chief Minister of Delhi, being the competent authority for implementing fee structure in privately managed self-financed institutions affiliated to GGSIP University, has fixed fee in sum of Rs. 1,00,000/- per annum for ACMS for the academic sessions 2008-09 and 2009-10.