NDLI: M. Aamira Fathima and Others Vs. Annamalai University and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Tamil Nadu Educational Institutions
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Annamalai University Act, 2013 (20 of 2013) Tamil Nadu Educational Institutions (prohibition of Collection of Capitation Fee) Act, 1992 (57 of 1992)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Tamil Nadu Educational Institutions (Prohibition of Collectionof Capitation fee) Act, 1992 – ss.2(b)(I), 2(b)(II) and 4(2-A) –Respondent No.2- medical college was established by the AnnamalaiUniversity – Fee charged by the University was too high ascompared to the other Government colleges – Writ petition filed bythe students – Highlighting the enormous difference between thefees charged by the University on one hand and the scale fixed bythe Government as well as the Committee on Fixation of Fee on theother, they pleaded that the matter for fixation of fee be referred tothe Committee in terms of the 1992 Act – Writ petition was dismissedby the High Court and it was held that 1992 Act was not applicableas the concerned institution was not notified by the StateGovernment – University contended that it was entitled to fix fee onits own without the intervention of any Committee – On appeal,held: High Court was completely in error in observing that for theapplication by the provisions of the 1992 Act an educationalinstitution must always be specified by the Government bynotification – The requirement of specification by the Governmentis only in respect of “any other educational institution or class orclasses of educational institutions” u/s. 2(b)(II) of the Act – Whereas,s.2(b)(I) of the Act is an independent and stand alone provisionand does not require any specification by the Government – In instantcase, the University answered the description u/s.2(b)(I) of theAct – Furthermore, s.4(2-A) of the Act, specifically apply to thecourses leading degrees in medicine and Engineering – Therefore,the matter of fixation of fees was to be assessed by the “Committeeon Fixation of Fee” as contemplated under 1992 Act and theUniversity was not entitled to devise its own fee structure –Annamalai University Act, 2013 – ss.4(13) and 20(i)(m) –Education/Educational Institutions.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2018 INSC 611
Petitioner	M. Aamira Fathima And Others
Respondent	Annamalai University And Others
SCR	[2018] 12 S.C.R. 1027
Judgement Date	2018-07-13
Case Number	6654

Sl.	Authority	Responsibilities	Communication Details
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
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

M. Aamira Fathima and Others Vs. Annamalai University and Others

Please Log-in to view this content

Maharishi Markandeshwar University and Another Vs. Akriti Sharma and Others

University of Kerala Vs. Council of Principals of Colleges in Kerala & Ors.

Yatinkumar Jasubhai Patel and Others Vs. State of Gujarat and Others

Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and Others

Cochin University of Science & Technology & Anr. Vs. Thomas P. John & Ors.

N.t.r. University of Health Sciences, Vijaywada Vs. G. Babu Rajendra Prasad and Anr.

S. Pl. Narayanan Chettiar Vs. M. Ar. Annamalai Chettiar

The University of Kerala Vs. The Council of Principals of College in Kerala & Ors.

Rajan Purohit & Ors. Vs. Rajasthan University of Health Science & Ors.

M. Aamira Fathima and Others Vs. Annamalai University and Others

M. Aamira Fathima and Others Vs. Annamalai University and Others

Please Log-in to view this content

Similar Documents

Maharishi Markandeshwar University and Another Vs. Akriti Sharma and Others

University of Kerala Vs. Council of Principals of Colleges in Kerala & Ors.

Yatinkumar Jasubhai Patel and Others Vs. State of Gujarat and Others

Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and Others

Cochin University of Science & Technology & Anr. Vs. Thomas P. John & Ors.

N.t.r. University of Health Sciences, Vijaywada Vs. G. Babu Rajendra Prasad and Anr.

S. Pl. Narayanan Chettiar Vs. M. Ar. Annamalai Chettiar

The University of Kerala Vs. The Council of Principals of College in Kerala & Ors.

Rajan Purohit & Ors. Vs. Rajasthan University of Health Science & Ors.

M. Aamira Fathima and Others Vs. Annamalai University and Others