- (1.) The petitioner is an association of societies registered under the Societies Registration Act. The members of petitioner society are professional colleges imparting education in the field of Management sciences. In the instant writ petition the petitioner has challenged the determination of fee structure and made prayer to quash the communications dated 24/11/1999 (Annexure 3) and 22/06/2000 (Annexure 10).
(2.) A scheme governing admission to professional colleges was framed by their Lordships of the Supreme Court in Unni Krishnan J.P. v. State of A.P., (1993) 1 SCC 645, with the object to put an end to the financial and other irregularities that had become rampant in the institutions, covering most of them into teaching shops. The All India Council for Technical Education (for short AICTE) framed under All India Council of Technical Education Act, 1987 (for short 1987 Act), the AICTE (Norms and Guidelines for fees and Guidelines for Admission in Professional Colleges) Regulations 1994 (for short 1994 Regulations) consistent with and infurtherance of the scheme and directions contained in the judgment aforesaid.
(3.) Regulation 7 of 1994 Regulations provides that tuition and other fees for a professional college shall be determined by a State Level Committee. The AICTE shall constitute a standing committee for each State to fix ceiling on the fees chargeable for individual courses by a professional college. The standing committee shall consist Vice Chancellor of a University Secretaries Technical Education and Finance, two economists or experts in Cost Accountancy and a Member Secretary not below the rank of joint secretary. The Vice Chancellor, Secretaries and Member Secretary shall hold office for a period of three years. The committee shall give an opportunity to the professional colleges to place relevant material in determining the tuition fee and other fees and the fees shall be fixed once in every three years. The fees chargeable in professional colleges shall be determined on the basis of estimation of expenditure of the professional college for its functioning. While calculating the fees, the estimates of recurring expenditure shall be based on at least the last two years audited figures of recurring expenditure of the college and projected requirement for next three years. No professional college shall be entitled to receive from the students any other payment or amount under whatever name it may be called in addition to the fee fixed by the committee for a free seat or payment seat. A professional college shall send intimation to the competent authority in advance the fees chargeable for the entire course commencing from the academic year for which admissions shall be made. In the first instance, fees only for the first year or semester shall be collected.;