| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Electricity Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Constitution of India Electricity Act, 2003 (36 of 2003) |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Disposed Off |
| Headnote | Electricity Act, 2003 – s.62(3) – Scope of – Tariff notification issued by appellant – Respondents-Self-Financing Educational Institutions (SFEIs) were segregated from State run and State aided private educational institutions and subjected to higher category of tariff – Challenged – Single Judge of the High Court found the tariff order to be valid – Aforesaid order set aside by Division Bench – On appeal, held: No undue preference was given to the State run and State aided institutions in the tariff notification – No error committed by the appellant in fixing higher tariff for the SFEIs categorising them as commercial entities – Judicial notice taken of the fact that the student profile of State run and State aided institutions is different from those of SFEIs – Students from comparatively modest background go to these institutions –While construing the meaning of the expression “purpose” u/s.62(3), for the purpose of settling the tariff question, who is serving the “purpose” and for whom such “purpose” is being served have to be factored in – Nature of service rendered by them cannot be the sole determinant for the tariff-fixing exercise – The fact that SFEIs were clubbed together with several commercial service providers wholly unrelated to education becomes insignificant once it is found that purpose of the SFEIs could be differentiated from the State run and State aided educational institutions – Impugned judgment set aside while that of the Single Judge is restored – Principles of Natural Justice – Constitution of India – Art.14. Principles of Natural Justice – When not breached – Self- Financing Educational Institutions (SFEIs) segregated from State run and State aided educational institutions and subjected to higher tariff by Kerala State Electricity Regulatory Commission –Challenged inter alia on breach of principles of natural justice contending that the tariff notification did not contain any reason – Held: Commission’s role as a quasi-judicial body or it having trappings of a Court would emerge only if it was called upon to adjudicate a dispute – Having failed to generate any lis on the tariff proposal by not raising any kind of objection, it would not be open to SFEIs to demand disclosure of reasons along with publication of the tariff rates – Thus, tariff notification being unaccompanied by reason cannot be faulted for having breached the principles of natural justice – Electricity Act, 2003.Electricity Act, 2003 – Tariff fixation – Self-Financing Educational Institutions (SFEIs) clubbed together with commercial service providers and subjected to higher tariff – Challenged – Held: While an educational institution in ordinary perception may not be performing functions similar to the other entities undertaking business ventures, a tariff fixing body is not required to proceed on the basis of such common perception – Duty of such body is to determine which rate an organisation shall pay, and entities working in diverse fields can be clubbed together under a common umbrella to be subjected to a common rate – In that context, for exercise of this nature, the heading “commercial” cannot be constructed to restrict the entities that can come under that head on the basis of the nature of their activities – Selection of heading is an exercise of convenience in fixing tariff rates and not necessarily the controlling factor in choosing the entities included under that heading. Words & Expressions– “Purpose”, “Commercial” – Meaning of, in the context of 2003 Act – Electricity Act, 2003. |
| Judge | Hon'ble Mr. Justice Aniruddha Bose |
| Neutral Citation | 2020 INSC 218 |
| Petitioner | Kerala State Electricity Board Rep. By Its Secretary & Anr. |
| Respondent | Principal Sir Syed Institute For Technical Studies & Ors. |
| SCR | [2020] 7 S.C.R. 885 |
| Judgement Date | 2020-02-20 |
| Case Number | 8350 |
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