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Education law

M. AAMIRA FATHIMA AND OTHERS versus ANNAMALAI UNIVERSITY AND OTHERS

Annamalai University, by virtue of being established under a law made by the State Legislature, falls under Section 2(b)(I) of the 1992 Act and is not exempt from regulation of fees for professional courses. The fee for medical and engineering courses must be fixed by the Committee as provided by the 1992 Act, and the University is not competent to fix its own fee structure for these courses.

Source excerpt

  • Fixation of fee
  • Capitation fee
  • University fee regulation
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Education law

RUSTOM KERAWALLA FOUNDATION versus STATE OF MAHARASHTRA AND ORS.

Since the plot of land was allotted under discretionary quota at concessional rates for public interest, the locational advantages must be excluded from permissible expenditure. Only the actual sums expended on land and buildings (Rs.35.02 lakhs) should be considered for fee computation. The matter is remanded to the State Government to reconsider approval of fees accordingly.

Source excerpt

  • Capitation fee
  • Fee regulation
  • Leasehold education property
  • State discretionary quota
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Administrative law

COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY & ANR. versus THOMAS P. JOHN & ORS.

Educational institutions have autonomy to fix fee structures for courses, especially when self-financed. Fee reductions for later batches do not entitle earlier admitted students to refund or parity, as admissions were made under specific conditions and fee regimes. The doctrine of estoppel applies, and it is not open to students to claim reduction in fee as a matter of right. Article 14 equity claims do not override the principle of estoppel in this context.

Source excerpt

  • Educational institution fee fixation
  • Doctrine of estoppel
  • Capitation fee
  • Fee parity for nri students
  • Autonomy of educational institutions
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Constitutional law

FATHER THOMAS SHINGARE AND ORS. versus STATE OF MAHARASHTRA AND ORS.

No offence of collection of capitation fee can be made out where State has not fixed any approved rates of fees for unaided minority institution. Thus, criminal proceedings are unsustainable, and State cannot impose restrictions except for ensuring excellence in education.

Source excerpt

  • Minority educational institutions
  • Capitation fee
  • State regulation of education
  • Article 30(1) constitutional rights
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Constitutional law

UNNI KRISHNAN, J.P. AND ORS. ETC. IRRC versus STATE OF ANDHRA PRADESH AND ORS. ETC. ETC.

Right to education is a fundamental right up to age 14 years under Article 21, read with Articles 41, 45 and 46. State is obliged to provide free education up to this age; after age 14, education is subject to economic capacity and development of the State. Charging capitation fees by private educational institutions is arbitrary, discriminatory and violative of Article 14. Private educational institutions, whether aided or unaided, are governed by conditions of grant, recognition/affiliation, and must act fairly and admit students based on merit. They may charge higher fees than government i…

Source excerpt

  • Right to education
  • Capitation fee
  • Recognition/affiliation of educational institutions
  • Private aided and unaided educational institutions
  • Fee regulation
  • Minority rights in education
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Constitutional law

MISS MOHINI JAIN versus STATE OF KARNATAKA AND ORS.

Charging capitation fee as consideration for admission to educational institutions is wholly illegal, arbitrary, and unconstitutional; Rs.60,000 per annum permitted by the Karnataka State Government notification is capitation fee and not tuition fee, and thus ultra vires the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 and must be struck down.

Source excerpt

  • Right to education
  • Capitation fee
  • Equality before law
  • Regulation of fees in educational institutions
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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