- (1.) In Unnikrishan, J.P. v. State of Andhra Pradesh, (1993) 1 SCC 645 : (1993 AIR SCW 863) a Constitution Bench of this Court had evolved a scheme governing admission to private medical, engineering and certain other colleges, keeping in view the positive features of the relevant Central and State enactments. The idea behind the scheme has been set out in Paragraph 205 (of SCC) : (para 169 of AIR SCW) of the Judgment. In Paragraph 206 (of SCC) : (para 170 of AIR SCW), it was stated that the scheme evolved therein "is in the nature of guidelines which the appropriate Governments and recognising and affiliating authorities shall impose and implement in addition to such other conditions and stipulations as they may think appropriate as conditions for grant of permission, grant of recognition or grant of affiliation, as the case may be". Clauses (a), (b) and (c) of Paragraph 6 of the Scheme, in particular, dealt with the fees to be charged by the professional colleges. It would be appropriate if we extract the said clauses : "(6)(a) Every State Government shall forthwith constitute a Committee to fix the ceiling on the fees chargeable by a professional college or class of professional colleges, as the case may be. The Committee shall consist of a Vice-Chancellor, Secretary for Education (or such Joint Secretary, as he may nominate) and Director, Medical Education/Director Technical Education. The Committee shall make such enquiry as it thinks appropriate. It shall, however, give opportunity to the professional colleges (or their association(s), if any) to place such material, as they think fit. It shall, however, not be bound to give any personal hearing to anyone or follow any technical rules of law. The Committee shall fix the fee once every three years or at such longer intervals, as it may think appropriate. (b) It would be appropriate if the U.G.C. frames regulations under Section 12-A(3) of the U.G.C. Act, regulating the fees which affiliated colleges, operating on no-grant-in-aid basis, are entitled to charge. The Council for Technical Education may also consider the advisability of issuing directions under Section 10 of the A.I.C.T.E. Act regulating the fees that may be charged in private unaided educational institutions imparting technical education. The Indian Medical Council and the Central Government may also consider the advisability of such regulation as a condition for grant of permission to new medical colleges under Section 10-A and to impose such a condition on existing colleges under Section 10-C. (c) The several authorities mentioned in sub-paras (a) and (b) shall decide whether a private educational institution is entitled to charge only that fee as is required to run the college or whether the capital cost involved in establishing a college can also be passed on to the students and if so, in what manner. Keeping in view the need, the interest of general public and of the nation, a policy decision may be taken. It would be more appropriate if the Central Government and these authorities (U.G.C., I.M.C.and A.I.C.T.E.) coordinate their efforts and evolve a broadly uniform criterion in this behalf. Until the Central Government, U.G.C., I.M.C. and A.I.C.T.E. issue orders/regulations in this behalf, the Committee referred to in the sub-para (a) of this para shall be operative. In other words, the working and orders of the Committee shall be subject to the orders/regulations, issued by Central Government, U.G.C., I.M.C. or A.I.C.T.E., as the case may be."
(2.) Pursuant to the directions contained in Paragraph 6, a tentative exercise was done by the authorities including certain State Governments, which was placed before this Court. This Court was, however, not satisfied with the manner in which it was prepared and the unrealistically high level of fees suggested. In that view of the matter, certain tentative orders were passed for the Academic Year 1993-94 including the fees to be charged by the said institutions. The Order is dated October 7, 1993, reported in (1993) 4 SCC 276 : (1993 AIR SCW 3501). The idea then was the authorities referred to in Paragraph 6 of the Scheme shall prepare a proper scheme consistent with the ground realities and that the Orders dated October 10, 1993 were to be only tentative in nature. Since no such scheme was coming forward from the side of the authorities, this Court had no option but to pass fresh set of orders with respect to Academic Year 1994-95. This Order is dated May 13, 1994, reported in (1994) 4 SCC 728 : (1994 AIR SCW 2751). The situation did not improve even by the Academic Year 1995-96 and hence, this Court was obliged to pass yet another Order on August 11, 1995, (1995) 5 SCC 220 : (1995 AIR SCW 3593) applicable for the Academic Year 1995-96. The fees fixed for each of the academic years varied having regard to be material placed by the parties before us.
(3.) On May 10, 1996, this Court passed another Order stating that the order passed on August 11, 1995 with respect to Academic Year 1995-96 shall continue to apply for the next academic year as well, i.e. 1996-97. Even so, a number of Interlocutory Applications are filed by the various medical and engineering colleges, their associations and other persons seeking a variety of directions. We have heard the counsel. The following order are made which shall be general application. These directions shall be in addition to, in continuation of and in clarification of the earlier Orders including the Order dated 11th August, 1995, as extended by Order dated 10th May, 1996.;