By Advocate Akash Rathi, Lex Maven
The Hon’ble Supreme court recently came across issue relating to extent of regulatory power of AFRC in respect of fee fixed by the Educational Institution in the matter of Icon Education Society Vs State of MP, CIVIL APPEAL NO.1760 OF 2023.
The Hon’ble Supreme court observed that this issue is no longer res integra as the contours and import of the Act of 2007, including the question aforestated, were dealt with and decided by a Constitution Bench in Modern Dental College and Research Centre and others Vs. State of Madhya Pradesh and others [(2016) 7 SCC 353. However, failure of the parties in properly understanding the ratio decidendi of the above decision led to the present litigation.
The Honble Supreme Court further referred T.M.A. Pai Foundation and others Vs. State of Karnataka and
others [(2002) 8 SCC 481 and P.A. Inamdar and others Vs. State of Maharashtra and others [(2005) 6 SCC 537
The Hon’ble Supreme Court vide order dated 17.03.2023 has held that the
- Admission and Fee Regulatory Committee (for short, ‘the AFRC’) constituted under Section 4 of the Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007 cannot seek to unilaterally fix the fees to be charged by the Minority Educational Institution for the professional courses offered through its educational institutions.
- The AFRC would only exercise the power of reviewing the proposed fees, after giving due pportunity of hearing to the educational institution concerned.
- It is not open to the Educational Institution to claim complete immunity in undertaking this exercise and seek exemption from any interference by the AFRC.
- The Educational Institution must necessarily submit the fees proposed by it in respect of the professional courses offered to the AFRC for the purpose of review and regulation,as per the provisions of Section 9 of the Act of 2007 and the principles laid down by this Court in the decisions referredabove.
