BALASAHEB BABURAO JAMBULKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Public Interest Litigation (herein after referred to as PIL) has been filed by an 80 years old freedom fighter, residing in Pune district. By this PIL, petitioner seeks a direction that the fees fixed by respondent No.2 - Shikshan Shulka Samiti (herein after referred to as Samiti) for Academic Year 201011 and 201112 in respect of following four institutions run by respondent No.3 Mumbai Education Trust ( herein after referred to as METTrust):

(2.) Before considering the present PIL, it would be necessary to describe the array of parties before us. The petitioner is an 80 years old freedom fighter, who claims to have interest in student welfare and has filed the PIL to save students from exploitation at the hands of the educational institutions. Respondent No.1 is the State of Maharashtra. Respondent No.2 is the Samiti i.e. the Fee Fixing Committee presided over by a former Judge of this Court. Respondent No.3 Mumbai Educational Trust (METTrust) is a Public Trust, inter alia running and managing the four professional training institutions referred to herein above at Nashik. Respondent Nos. 4 to 8 are Trustees of Respondent No.3 METTrust. Respondent No.9 is the Charity Commissioner and Respondent No.10 is Social Welfare Department of State of Maharashtra.

(3.) The respondent No.2 Samiti was set up by the respondent No.1State of Maharashtra accordance with the orders of the Supreme Court in Islamic Academy of Education and Another v/s. State of Karnataka and Others, 2003 6 SCC 697to monitor the fee structure inter alia of professional colleges in State of Maharashtra. The scope of the functions of fee fixation committee has been further explained in P. A. Inamdar & Others v/s. State of Maharashtra and Others, 2005 6 SCC 537. The Committees like respondent No.2Samitis were as per the directions of the Supreme Court to be a temporary measure till such time as the relevant government sets up a competent authority to oversee the fixation of fees by educational institutions.