Summary
The Supreme Court held that Annamalai University’s medical and dental fees required fixation by the statutory Fee Fixation Committee. No separate governmental notification was needed for institutions falling within the first limb of the 1992 Act’s definition. The University’s general fee-setting powers and students’ acceptance of a prospectus could not defeat that statutory protection.
Issues
- Whether the statutory Fee Fixation Committee governed the University’s professional-course fees despite its own fee-setting powers and the prospectus terms.
Provisions considered
- Sections 2(b) and 4(2-A), including Explanation, Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992Institutions imparting education leading to degrees conferred by State-legislated universities fall within the first limb without notification; medical and engineering fees require statutory committee fixation. (¶¶ 3, 4, 12, 13, 14, 17, 18, 19)
- Sections 3(1), 4(13) and 20(1)(m) and (ab), Annamalai University Act, 2013The deemed establishment under State law attracts the 1992 Act; general university fee powers do not displace its special professional-course mechanism. (¶¶ 6, 14, 18)
Held
- Notification is necessary only for the additional institutions covered by the second limb of section 2(b). The first limb operates independently. The 2013 Act’s deeming provision makes the University one established under State legislation. (¶¶ 12, 13, 14)
- Section 4(2-A) establishes an overriding statutory fee-fixation mechanism for covered professional education without requiring a governmental notification. The University’s general power to prescribe fees must yield to that special provision. (¶¶ 17, 18)
- Acceptance of prospectus terms does not estop students from invoking express statutory protection. The NRI-fee decision in Cochin University concerned a different situation. (¶ 18)
- The University must submit its accounts and all material to the Committee within two weeks. The Committee must fix fees from 2013–14 onwards and for 2018–19 by 31 August 2018; every student receives consequential benefit if the University’s fees prove inappropriate. (¶ 19)
Result
Appeals allowed; High Court judgments set aside. Statutory committee fee fixation directed, with conditional consequential benefits to all affected students. Exercise to conclude by 31 August 2018. No costs.