M. AAMIRA FATHIMA AND OTHERS versus ANNAMALAI UNIVERSITY AND OTHERS

Citation: [2018] 12 S.C.R. 1027 · Decided: 13-07-2018 · Supreme Court of India · Bench: ARUN MISHRA · Disposal: Leave Granted & Allowed

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Judgment (excerpt)

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M. AAMIRA FATHIMA AND OTHERS
v.
ANNAMALAI UNIVERSITY AND OTHERS
(Civil Appeal No. 6654 of 2018)
JULY 13, 2018
[ARUN MISHRA AND UDAY UMESH LALIT, JJ.]
Tamil Nadu Educational Institutions (Prohibition of Collection
of Capitation  fee) Act, 1992 – ss.2(b)(I), 2(b)(II) and 4(2-A) –
Respondent No.2- medical college was established by the Annamalai
University – Fee charged by the University was too high as
compared to the other Government colleges – Writ petition filed by
the students – Highlighting the enormous difference between the
fees charged by the University on one hand and the scale fixed by
the Government as well as the Committee on Fixation of Fee on the
other, they pleaded that the matter for fixation of fee be referred to
the Committee in terms of the 1992 Act – Writ petition was dismissed
by the High Court and it was held that 1992 Act was not applicable
as the concerned institution was not notified by the State
Government – University contended that it was entitled to fix fee on
its own without the intervention of any Committee – On appeal,
held: High Court was completely in error in observing that for the
application by the provisions of the 1992 Act an educational
institution must always be specified by the Government by
notification – The requirement of specification by the Government
is only in respect of “any other educational institution or class or
classes of educational institutions” u/s. 2(b)(II) of the Act – Whereas,
s.2(b)(I) of the Act is an independent and stand alone provision
and does not require any specification by the Government – In instant
case, the University answered the description u/s.2(b)(I) of the
Act – Furthermore, s.4(2-A) of the Act, specifically apply to the
courses leading degrees in medicine and Engineering – Therefore,
the matter of fixation of fees was to be assessed by the “Committee
on Fixation of Fee” as contemplated under 1992 Act and the
University was not entitled to devise its own fee structure –
Annamalai University Act, 2013 –  ss.4(13) and 20(i)(m) –
Education/Educational Institutions.
 [2018] 12 S.C.R. 1027
1027
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SUPREME COURT REPORTS
[2018] 12 S.C.R.
Allowing the appeals, the Court
HELD: 1. In the present case the Single Judge of the High
Court considered the definition of Educational Institution as
appearing in Section 2(e) of the Tamil Nadu Educational
Institutions (Prohibition of Collection of Capitation  fee) Act, 1992
and came to the conclusion that for the purposes of application of
the provisions of 1992 Act the concerned institution ought to
have been notified by the State Government and an appropriate
reference must be made to the Fee Fixation Committee.  This
reasoning has been affirmed by the Division Bench of the High
Court.  It is, therefore crucial to consider the scope and ambit of
the said provision.  For facility the definition of “educational
institution” can be divided in two parts as under:
Section 2(b) “educational institution” means:
(I)     any institution by whatever name called, whether managed
by any person, private body, local authority, trust or
University, carrying on the activity of imparting education
leading to a degree or diploma (including a degree or
diploma in law, medicine or engineering) conferred by any
University established under any law made by the
Legislature of the State of Tamil Nadu.
and
(II) any other educational institution or class or classes of
educational institutions (other than any educational
institution established by the Central Government or
under any law made by Parliament) as the Government
may, by notification, specify.[Para 12][1037-E-F; 1038-A]
2.1  According to (I) part of the definition, the activity must
lead to award of degree or diploma conferred by any University
established under any law made by the Legislature of the State.
There is element of certainty about this first part of definition
and it is not left to the discretion of the Government in any manner.
If there is a course which leads to award of degree or diploma by
any University as specified, the concerned institution carrying
on the activity of imparting education would be an educational
institution within the meaning of said Section 2(b). [Para 12]
[1038-B-C]
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2.2 The definition has an inclusive provision which is
specified in the (II) part and empowers the Government to specify
any other educational institution or class or classes of educational
institutions.  Upon such spec

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