VidhiSangh

Supreme Court of India · 03/08/2017

RUSTOM KERAWALLA FOUNDATION versus STATE OF MAHARASHTRA AND ORS.

[2017] 13 S.C.R. 330 · 2017 INSC 705

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Summary

In reviewing school fees, the benefit of public land allotted at concessional, non-competitive terms had to reach students rather than support profiteering through market-based rent paid to a related company. The Court remanded fee approval to the State Government on a reasonable-return basis. Whether the land concession made the school an aided institution remained expressly tentative.

Issues

  1. How building rent should be assessed for fee approval where the school occupies public land allotted on concessional terms.
  2. Whether the Court finally determined aided status or the Deputy Director’s competence.

Provisions considered

Held

Result

Appeals and transfer petitions disposed of without costs. State Government directed to reconsider within three months; existing status quo continued until then, with consequential refund if proposed fees were not approved. Transfer notices discharged.

Judgment PDF: Supreme Court of India, [2017] 13 S.C.R. 330.