Uday Umesh Lalit, J. - (1.) Special leave to appeal granted in all matters. These appeals are directed against the common judgment and order dated 26.09.2016 passed by the High Court of Judicature at Madras in Writ Appeal No.1637 of 2014 and other connected matters. Matter arising from Writ Appeal No.1637 of 2014 which in turn arose from Writ Petition No.20720 of 2014, namely M. Aamira Fathima and others v. Annamalai University and others is taken to be the lead matter and the facts leading to the filing of the said writ appeal are set out in detail hereunder.
(2.) Annamalai University (hereinafter referred to as "the University") was constituted under the Annamalai University Act, 1928 (Madras Act No.1 of 1929) (Words "Tamil Nadu" were substituted for the word "Madras" by Tamil Nadu Adaptation of Law and Order, 1969) . This Act received the assents of Governor and Governor General on 03.11.1928 and 11.12.1928 respectively and was first published in the Fort of St. George Gazette dated 01.01.1929. The University established Respondent No.2 College, namely, Rajah Muthiah Medical College in the year 1985.
(3.) In 1992 the State legislature enacted the Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992 (hereinafter referred to as "1992 Act"). Section 2(b) defined Educational Institution as under:- "(b) "educational institution" means any institution by whatever name called, whether managed by any person, private body, local authority, trust or University, carrying on the activity of imparting education leading to a degree or diploma (including a degree or diploma in law, medicine or engineering) conferred by any University established under any law made by the Legislature of the State of Tamil Nadu and any other educational institution or class or classes of educational institutions (other than any educational institution established by the Central Government or under any law made by Parliament) as the Government may, by notification, specify;" Section 4 dealt with regulation of tuition fee or other fees or deposits and was initially as under:- "4. (1) Notwithstanding anything contained in any other law for the time being in force, the Government may, by notification, regulate the tuition fee or any other fee or deposit that may be received or collected by any educational institution or class or classes of such educational institutions in respect of any or all class or classes of students : Provided that before issuing a notification under this subsection, the draft of which shall be published in the Tamil Nadu Government Gazette stating that any objection or suggestion which may be received by the Government, within such period as may be specified therein, shall be considered by them. (2) No educational institution shall receive or collect any fee or accept deposit in excess of the amount notified under subsection (1). (3) Every educational institution shall issue an official receipt for the fee or deposit received or collected by it.";