AIR 2018 SUPREME COURT 3336 ::AIR 2018 SUPREME COURT 3336 ::AIR 2018 SC (Civ) 2898 ::(2018) 7 Mad LJ 423 ::2018 (4) KCCR SN 431 (SC)

Supreme Court Of India

(From: Madras)*

Hon'ble Judge(s): Arun Mishra, Uday Umesh Lalit , JJ

(A) Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act (57 of 1992) , S.4— Annamalai University Act (20 of 2013) , S.3, S.4, S.20— @page-SC3337Fee structure - Professional courses - Respondent Annamalai University cannot devise its own fee structure without intervention of 'Committee on fixation of fee' - Plea that students having been admitted in MBBS/BDS courses are estopped from challenging exorbitant fees imposed by University - Not tenable. Evidence Act (1 of 1872) , S.115— By inserting sub-section (2-A) along with explanation in Section 4 in 1992 Act, Fee Fixation Committee is statutory mechanism in terms of said provisions of 1992 Act. Said Section 4 shows that under sub-section (1) Government is empowered to regulate tuition fee or any other fees or deposits in manner prescribed therein. But in relation to imparting of education leading to degree in medicine or engineering, sub-section (2-A) has been given overriding effect by incorporating non-obstante provision. Sub-section (2-A), unlike sub-section (1), does not require any notification by Government. If institution carries on activity of imparting education leading to degree or diploma as spoken of in sub-section (2-A) of said Section 4, fee structure has to be that which is fixed by Committee. Legislative intent is very clear and no educational institution whic....