I SARASWATHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The common point that arises in this batch of cases, some of them being writ petitions filed by the management of self-financing professional colleges, some being writ petitions filed by the students and some being writ appeals preferred against interim orders passed by a learned Judge of this Court, is the validity of the order of the Permanent Committee for the Fixation of Fee for private professional educational institutions in the State of Tamil Nadu fixing the fees payable by the students in respect of self-financing professional colleges of medicines, health science, para-medical courses like, M.B.B.S., B.D.S., M.D.S., etc. We heard all the matters together.

(2.) Since the points that arise in the cases are common, it will be convenient to refer to the averments made in one or two writ petitions filed by the colleges and the averments made in some of the writ petitions filed by the students.

(3.) W.P. No. 30650 of 2004 is filed by Ragas Dental College and Hospital and the petition has been filed for the issue of a writ of Certiorarified Mandamus calling for the records in Proceedings No. SFPC/PC on the file of the Permanent Committee for Fixation of Fee for Private Professional Educational Institutions dated 13.8.2004 and quash the same. The main ground of challenge is that the Permanent Committee, while fixing the fee structure, has failed to take note of the relevant factors as indicated by the Supreme Court in ISLAMIC ACADEMY OF EDUCATION v. STATE OF KARNATAKA - hereinafter referred to as Islamic Academy case) and the Permanent Committee was not correct in fixing the fee for all the colleges at a uniform rate in spite of the fact that each and every institution had made claim based on infrastructure, facilities and amenities available in the individual institution. It is the case of the management that the Permanent Committee acted beyond the directions of the Supreme Court in Islamic Academy case. It is stated that though the petitioner supplied materials, but the Permanent Committee has not observed the principles of natural justice by giving a reasonable opportunity to the institution to represent its case. It is the case of the management that the representations submitted along with supporting materials were not considered by the Permanent Committee and the Permanent Committee failed to adhere to the directions of the Supreme Court in the matter of fixation of fee structure. The petitioner referred to the location of the institution and its advantages and the salary payable and paid to the teaching and non-teaching staff as per the UGC norms. It is stated that the management of the self-financing colleges are not treating the students allotted under the Government seats on par with the students admitted by the management and hence, for the grounds raised in the writ petition, it is prayed that the order of the Permanent Committee should be quashed.