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SCA/1575/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1575 of 2010
=========================================================
CHAROTAR
EDCUATION SOCIETY - Petitioner(s)
Versus
ADMISSION
COMMITTEE FOR SELF-FINANCE B.ED./B.P.ED. COURSES - Respondent(s)
=========================================================
Appearance
:
MS
ANUJA S NANAVATI for
Petitioner(s) : 1,
MR SUNIT SHAH WITH MR DIPEN A DESAI for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 11/05/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
The
petitioner is an educational institution. It has challenged order
dated 6.8.2009 passed by the Fee Regulatory Committee namely Justice
R.J. Shah (retired) Committee, fixing the fee structure for the
academic year 2008-2009 at Rs. 23,000/- per student per year for its
B.Ed. Course. The petitioner has also prayed for permission to
charge fees for the year 2009-2010 at the rate of Rs.30,000/- per
students.
It
is not in dispute that previously the same Committee had permitted
the petitioner to collect fees at the rate of Rs. 25,000/- for the
academic year 2008-2009. However, upon remand and fresh
consideration, same was further reduced to Rs. 23,000/- by the
impugned order.
In
group of petitions being Special Civil Application No. 5655/2009
decided on 9.4.2010, one of the issues was question of reduction of
fee on fresh consideration. The Bench found that educational
institutions having questioned the previous fee fixation and at
whose instance the fee fixation was reconsidered by the Fee
Regulatory Committee, in the fresh round of consideration, fees with
lower than what was previously fixed could not have been prescribed.
On this ground, it was declared that in cases where Justice R.J.
Shah Committee has fixed the fee for a particular academic year
which is less than th fee which was previously fixed by A.U. Patel
Committee for the same year, it is the later i.e. the fee fixed by
A.U.Patel Committee with shall prevail .
In
the present case, except for the difference that both times fee was
fixed by the same Committee, i.e. Justice R.J.Shah (retired)
Committee, there is no other change between the two situations.
Under
the circumstances, impugned order dated 6.8.2009 to the extent it
prescribes fees for the students at the rate of Rs. 23,000/- per
annum for the academic year 2008-2009 stands modified. The
petitioner shall be authorised to charge fees at the rate of Rs.
25,000/- for the said academic year.
With
respect to academic year 2009-2010, the Fee Regulatory Committee
shall examine the request of the petitioner for permitting to
collect fees at the rate of Rs. 30,000/- per annum from the students
if the petitioner approaches the committee within a period of four
weeks from today. If the petitioner undertakes to implement the
Sixth Pay Commission for its teaching and non-teaching staff and
file such an undertaking before the Committee, same shall also be
taken into account while considering the request of fee revision.
With
these directions the petition is disposed of.
(S.J.
Mukhopadhaya,C.J.)
(Akil
Kureshi,J.)
(raghu)
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