- (1.) Through Civil Writ Petition Nos.11589 of 2009 (J.R.Memorial College of Education, Rewari and others Vs. The State of Haryana and others), 11845 of 2009 (Association of Educational Colleges (Self Financing) of Haryana, Ambala City Vs. State of Haryana and others) and 12891 of 2009 (Ganga College of Education for D.Ed., Distt. Jhajjar and others Vs. State of Haryana and others), challenge is made to notification dated 23.6.2009, whereby respondent-State of Haryana has fixed Rs.18,400/- as an annual fee chargeable from each of D.Ed. students in a private self financing institution. Prayer further is for issuing a writ in the nature of mandamus, directing the respondents to re-consider the matter and to fix the fee, which can be charged from D.Ed. students by these Institutions while keeping in view the guidelines provided in the regulations of tuition fee and other fees as made by National Council for Teachers Education (NCTE) and keeping in view the ratio of law laid down in the case of T.M.A. Pai Foundation Vs. State of Karnataka and others, 2002 8 SCC 481. Since these common issue have been raised in these three writ petitions, the same are being disposed of through this common order. On 18.6.2002, NCTE issued a notification providing guidelines for regulation of tuition fee and fees chargeable by unaided teachers education institutions by the name of National Council for Teachers Education (Guidelines for Regulation of Tuition Fees and other Fees Chargeable by Unaided Teacher Education) Regulation, 2002 (for short, "Regulation 2002"). The criteria and procedure to determine the fee is given in Regulation 7 of this Regulation 2002 and is as under:- "(i) The fees to be charged shall have two broad categories, namely, tuition fee and development fee. (ii)While deciding the fee structure for Free Seats, payment seats and NRI Foreign students, the Committee shall take into consideration the parameters which affect the cost, the total expenditure of the institution for running the professional course as computed on the basis of audited statements of the previous two years and reasonable projected estimation for the next three years. (iii)The tuition fee shall be to meet the actual cost of imparting education. (iv)While assessing a fair tuition fee, the Committee shall take into account the facilities required to be provided as per the NCTE Regulations laying down the norms and standards for the relevant teacher education programme. In addition, the Committee shall specifically take into account the following aspects:- (a) Salary and allowances including bonus, if admissible, payable to teaching and non-teaching employees; (b) Expenditure on administrative services; (c) Cost of maintenance of laboratories including consumables; (d) Contingent expenditure including statutory requirements like audit fee, and the like; (e) Cost of acquisition of books and journals for libraries; (f) Maintenance of buildings and other assets including rents and tariffs; and (g) Any other recurring expenditure to be determined by the competent authority, from time to time. (v) The Committee may seek any data or clarification from the concerned professional institutions. (vi) Having due regard to the parameters mentioned in sub-regulation (iv) above, suitable rates may be fixed for holders of Free Seats, Payment Seats and NRI Foreign students. (vii) The management of the institution may realize the actual cost of board and lodging from the students subject to the Committee being satisfied about the reasonableness of such costs. (viii) The Committee shall at an interval of three years determine the development fee and different rates of development fee may be specified for students of Free Seats, Payment Seats and Foreign NRI seats. (ix) The development fee may be at flat rates. (x) Based on intelligible and objective criteria, the Committee may classify the institutions into different categories for the purpose of prescribing different slabs or rates of development fees. (xi) While determining the rates of development fees, the Committee shall take into account the views and suggestions of the private professional institutions, and of interested members of the general public. (xii) No management of a teacher education institution shall in the first ten years of its establishment, appropriate more than fifty per cent o the proceeds of the development fee levied or the actual capital cost, whichever is lower, for the recovery of the capital cost. The remaining amount shall be utilized for upgradation and replacements in the said first ten years and, thereafter, the entire proceeds may be utilized for upgradation and replacement purposes."
(2.) The petitioners are un-aided educational institutions imparting education of diploma in education to the students and claim to have spent crores of rupees for establishing the Institutions and have got themselves registered with Registrar of Societies. The petitioners are recognized by respondent No.3 and are affiliated with respondent No.4-University. Taking into consideration the expenses incurred, sum of Rs. 43,000/- was fixed as the annual fee for D.Ed. course. Reference is made to the observations made in Civil Writ Petition No.9152 of 2008, intimating the Court that the Government has formally constituted a State level Committee for fixation of fee in terms of Regulation 5(ii) of the Regulation 2002. This writ petition was adjourned and the Court permitted the parents association or any students orgainisation interested in helping the Committee in determining reasonable fee structure to submit whatever suggestion or material they may have for the purpose of consideration. The petitioner Association would claim to have made representation but it is alleged that without considering the same, respondent No.1 issued a notification on 23.6.2009, fixing the annual fee at Rs. 18,400/- by ignoring the observations made by the Hon'ble Supreme Court in T.M.A. Pai Foundation's case and also by ignoring the Regulation 2002 framed by NCTE. The petitioners have accordingly impugned the said notification.
(3.) Respondent State has filed reply and has defended the order and the notification passed by the Government-respondent No.1. It is also stated that while doing so, the provisions of the Regulation 2002 and judgment were kept in view. It is also stated that a public notice was issued in newspaper The Tribune and Hindustan Times, inviting representation from any private unaided teachers training Institutions. In fact, the fee fixation Committee had constituted a Technical Sub Committee, which gave its report. The whole object behind giving public notice was to afford full opportunity to any interested or concerned person or institutions and after hearing all the relevant parties, the Technical Sub Committee had submitted its report, leading to fixation of fee and the resultant notification.;