NDLI: Vasavi Engineering College Parents Association Vs. State of Telangana and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s.15 r/w. ss.3 and 7 1983 Judicial review Telangana Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Telangana Educational Institutions (regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (5 of 1983)
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 Referred Case 9 Referred Case 10
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Telangana Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 – s.15 r/w. ss.3 and 7 – Telangana Admission and Fee Regulatory Committee (for Professional Courses offered in Private Unaided Professional Institutions) Rules, 2006 – rr. 3 and 4(v) – The Telangana Admission and Fee Regulatory Committee (TAFRC) u/r. 4 (v) communicated the fee structure determined by it to the State Government for Notification – The fee structure was notified, inter-alia for the B.E. and B. Tech Courses, for the block period 2016-17 to 2018-19 – The said fee structure was challenged by the respondent institutions before the High Court – Single Judge of the High Court remanded the matter to the TAFRC for reconsideration – Pursuant thereto, the Committee granted some escalations, however, the same was challenged again – Thereafter, the High Court redetermined the fee structure for the block period itself – Aggrieved, the State and the fee Regulatory Committee assailed the same unsuccessfully before the Division Bench of the High Court – On appeal, held: Judicial review lies against the decision-making process and not the merits of the decision itself – If the decision-making process is flawed, inter-alia by violation of the basic principles of natural justice, is ultra-vires the powers of the decision maker, takes into consideration irrelevant materials or excludes relevant materials, admit materials behind the back of the person to be affected or is such that no reasonable persons would have taken such decision in the circumstances, the Court may step in to correct the error by setting aside such decision and requiring the decision maker to take a fresh decision in accordance with the law – However, the Court, in the garb of judicial review, cannot usurp the jurisdiction of the decision maker and make the decision itself – It cannot act as an appellate authority of the TAFRC – Further, TAFRC is a statutory body headed by a retired High Court Judge, consists of domain experts from various fields including two from the finance sector, one of which is from the Government – The Court should avoid to interfere with the recommendations of an expert body, which is accepted by the Government, unless it suffers from the vice of arbitrariness, irrationality, perversity or violates any provisions of the law under which it was constituted – In the instant case, as demonstrated from the available records none of the grounds set out by the High Court can be considered as making out an exceptional case to warrant usurpation of the decision making jurisdiction of the TAFRC by the High Court – Thus, the High Court exceeded its jurisdiction in interfering with recommendation of the TAFRC – The orders of the High Court set aside – Judicial Review.
Judge	Hon'ble Mr. Justice Navin Sinha
Neutral Citation	2019 INSC 705
Petitioner	Vasavi Engineering College Parents Association
Respondent	State Of Telangana And Others
SCR	[2019] 8 S.C.R. 927
Judgement Date	2019-07-01
Case Number	5133

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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Vasavi Engineering College Parents Association Vs. State of Telangana and Others

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The Telangana Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983.

The Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983

The Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987

The KARNATAKA EDUCATIONAL INSTITUTIONS (PROHIBITION OF CAPITATION FEE) ACT, 1984

The Delhi Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-exploitative Fee and Other Measures to ensure equity and excellance) Act, 2007

Rustom Kerawalla Foundation Vs. State of Maharashtra and Ors.

The Delhi Diploma Level Technical Education Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-exploitative Fee and Other Measures to ensure equity and excellence) Act, 2007

The KERALA PROFESSIONAL COLLEGES OR INSTITUTIONS (PROHIBITION OF CAPITATION FEE, REGULATION OF ADMISSION, FIXATION OF NON-EXPLOITATIVE FEE AND OTHER MEASURES TO ENSURE EQUITY AND EXCELLENCE IN PROFESSIONAL EDUCATION) ACT, 2006

Maharishi Markandeshwar Medical College and Hospital & Others Vs. State of Himachal Pradesh & Others

Vasavi Engineering College Parents Association Vs. State of Telangana and Others

Vasavi Engineering College Parents Association Vs. State of Telangana and Others

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