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Civil · Reportable judgment

Icon Education Society vs State of Madhya Pradesh & Others

Court
Supreme Court of India
Date
17 March 2023
Case No.
Civil Appeal No. 1760 of 2023
Result
Disposed
Bench
Dinesh Maheshwari, Sanjay Kumar
Citation
[2023] 2 S.C.R. 728 : 2023 INSC 256
Supreme Court Reports [2023] 2 S.C.R. 728 : 2023 INSC 256
Headnote

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 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.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

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’)? 3. This issue is no longer res integra as the contours and import of the Act of 2007, including the question afores
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