VidhiSangh

Supreme Court of India · 17/03/2023

ICON EDUCATION SOCIETY versus STATE OF MADHYA PRADESH & OTHERS

[2023] 2 S.C.R. 728 · 2023 INSC 256

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Summary

A society running an unaided law college and nursing college at Indore, both recognised minority educational institutions, was called upon by the Admission and Fee Regulatory Committee under the Madhya Pradesh Act of 2007 to submit a fee proposal and was told the Committee would fix its fees. The society's appeal failed and the Madhya Pradesh High Court dismissed its petition to declare Sections 4 and 9 of the Act ultra vires. The Supreme Court disposed of the appeal by clarifying that the Constitution Bench in Modern Dental College had upheld the Act only as read down: the institution itself proposes its fee on the Section 9(1) parameters and the Committee merely reviews it to ensure there is no profiteering or capitation fee; the Committee cannot fix fees unilaterally, nor can a minority institution claim complete immunity from that regulatory review.

Issues

  1. Whether a minority educational institution in Madhya Pradesh is required to have its fees fixed by the Admission and Fee Regulatory Committee under the Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007, and what is the scope of the Committee's power after Modern Dental College.

Provisions considered

Held

Result

Appeal disposed of with the clarification that the Admission and Fee Regulatory Committee cannot unilaterally fix the appellant society's fees but the society must submit its proposed fees for review and regulation under Section 9 of the 2007 Act; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 728.