ICON EDUCATION SOCIETY versus STATE OF MADHYA PRADESH & OTHERS

Citation: [2023] 2 S.C.R. 728 · Decided: 17-03-2023 · Supreme Court of India · Bench: DINESH MAHESHWARI · Disposal: Disposed off
Cited by 1 judgment(s) · cites 2 · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A
B
C
D
E
F
G
H
728
SUPREME COURT REPORTS
[2023] 2 S.C.R.
[2023] 2 S.C.R. 728
728
ICON EDUCATION SOCIETY
v.
STATE OF MADHYA PRADESH & OTHERS
(Civil Appeal No. 1760 of 2023)
MARCH 17, 2023
[DINESH MAHESHWARI AND SANJAY KUMAR, JJ.]
Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh
Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007 – s.9 –
Fee-fixation – Power of Admission and Fee Regulatory Committee
(AFRC) – Held: AFRC constituted under the 2007 Act exercises
only the power of ‘regulation’ in respect of the fees proposed by the
institution, conditioned by the parameters in s.9(1) of the 2007 Act
– Liberty given to unaided institutions to propose the fees that they
wish to charge, keeping in mind the factors set out in s.9(1) of the
2007 Act stands protected – It is only by way of regulating the fees
so proposed that the AFRC would exercise the power of reviewing
the proposed fees, after giving due opportunity of hearing to the
educational institution concerned – Thus, in the present case, it is
not open to the AFRC to unilaterally fix the fees to be charged by
the appellant-society for the professional courses offered through
its educational institutions – At the same time, the appellant cannot
claim complete immunity in undertaking this exercise and seek
exemption from any interference by the AFRC – Appellant must
necessarily submit the fees proposed by it in respect of the
professional courses offered through its institutions to the AFRC
for the purpose of review and regulation, as per the provisions of
s.9 of the 2007 Act and the principles laid down by Supreme Court
in the decisions referred to herein – Constitution of India – Articles
19(1)(g), (6), 30(1) – National Commission for Minority Educational
Institutions Act, 2004 – s.2(g).
T.M.A. Pai Foundation and others Vs. State of
Karnataka and others (2002) 8 SCC 481 : [2002] 3
Suppl. SCR 587; P.A. Inamdar and others Vs. State of
Maharashtra and others (2005) 6 SCC 537 : [2005] 2
Suppl. SCR 603; Modern Dental College and Research
Centre and others Vs. State of Madhya Pradesh and
A
B
C
D
E
F
G
H
729
others (2016) 7 SCC 353 : [2016] 3 SCR 579 –
followed.
Sk. Md. Rafique Vs. Managing Committee, Contai
Rahamania High Madrasah and others (2020) 1 SCT
627(SC); Ahmedabad Saint Xaviers College Society and
another Vs. State of Gujarat and another (1974) 1 SCC
717 : [1975] 1 SCR 173; Association of Private Dental
and Medical Colleges Vs. State of MP (2009) SCC
Online MP 760 – referred to.
Case Law Reference
[2016] 3 SCR 579
followed
Para 3, 7 & 13
[1975] 1 SCR 173
referred to
Para 7
[2002] 3 Suppl. SCR 587
followed
Para 11, 12
[2005] 2 Suppl. SCR 603
followed
Para 12
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1760
of 2023.
From the Judgment and Order dated 19.11.2020 of the High Court
of Madhya Pradesh at Indore in WP No. 9690 of 2020.
Dama Seshadri Naidu, Sr. Adv., Pai Amit, Rohit R. Saboo, Ms.
Pankhuri Bhardwaj, Abhiyudaya Vats, Advs. for the Appellant.
P. V. Yogeswaran, A.A.G., Ms. Rukhmini Bobde, Pashupathi Nath
Razdan, Ms. Soumya Priyadarshinee, Ankit Ambasta, Amit Kumar
Srivastava, Amlaan Kumar, Advs. for the Respondents.
The Judgment of the Court was delivered by
SANJAY KUMAR, J.
Leave granted.
2. The short question that arises for consideration in this case is
whether a minority educational institution in the State of Madhya Pradesh
is required to get the fees charged by it fixed by the Admission and Fee
Regulatory Committee under the provisions of the Madhya Pradesh Niji
Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka
Nirdharan) Adhiniyam, 2007 (for short, ‘the Act of 2007’)?
ICON EDUCATION SOCIETY v. STATE OF MADHYA
PRADESH & OTHERS
A
B
C
D
E
F
G
H
730
SUPREME COURT REPORTS
[2023] 2 S.C.R.
3. This issue is no longer res integra as the contours and import
of the Act of 2007, including the question aforestated, were dealt with
and decided by a Constitution Bench in Modern Dental College and
Research Centre and others Vs. State of Madhya Pradesh and
others[(2016) 7 SCC 353]. However, failure of the parties in properly
understanding the ratio decidendi of the above decision led to the present
litigation.
4. Icon Education Society, the appellant herein, maintains and
manages two unaided educational institutions at Indore, viz., Indore
Institute of Law and Indore Nursing College. Both these institutions
qualify as ‘minority educational institutions’ under Section 2(g) of the
National Commission for Minority Educational Institutions Act, 2004.
Excerpt shown. Read the full judgment & AI analysis in Lexace.