ASSOCIATION OF EDUCATIONAL INSTITUTES FOR HOTEL MANAGEMENT AND CATERING TECHNOLOGY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THESE two Writ Appeals are directed against the order dated 14.11.2000 of the learned Single Judge made in W.P. No.10271 of 1999 challenging the Government Order in G.O. Ms. No.154, Higher Education (J-1) Department dated 15.04.1999 and W.P. No. 4156 of 2000 challenging the Government Order in G.O. Ms. No.12, Higher Education Department dated 18.01.2000. Both these Government Orders were issued in respect of regulation of tuition fees in unaided self-financing polytechnics and revision of fees for diploma course in unaided Hotel Management and Catering Technology institutions.

(2.) IN this judgment, for the sake of convenience, we shall refer the parties as per their rank before the learned single Judge.

(3.) THE main grievance of the petitioners is that the fee fixed by the Government is not on par with the fee fixed by the Government Institutes and the ratio in which the fee structure between the free seat and that of the payment categories is irrational arbitrary, unconstitutional and contrary to the guidelines issued by the Supreme Court. Taking into account the expenses incurred by the Institutes, the Committee has not fixed the fees. THE schemes, plans and budget of individual institution for the purpose of finding out what would be an ideal and reasonable fee structure for that institution based on the Committee's decision since the Committee has not fixed the fees and the fee fixed in the Government Order dated 18.01.2000 cannot be sustained in law.