Case Note & Summary
The judgment addressed a common question of law arising from three writ petitions filed by autonomous educational institutions: K.J. Somaiya College of Engineering, S.P. Mandali's Prin. L.N. Welingkar Institute of Management, Development & Research, and Bhartiya Vidya Bhavan's Sardar Patel Institute of Technology. All three petitioners had been granted autonomous status by the University Grants Commission and the University of Mumbai under the UGC autonomous colleges scheme for specified periods. The Maharashtra Legislature enacted the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission and Fees) Act, 2015, which established a Fees Regulating Authority with the mandate to approve course-wise fees for private unaided professional educational institutions. The petitioners, claiming autonomy, informed the Authority that they would fix their own fees. Initially, the Authority appeared to recognise their autonomy, but later issued notices requiring fee proposals and warning of penalties for non-compliance. The petitioners challenged the Authority's jurisdiction, initially through Writ Petition No. 309 of 2017. The High Court, on 6 June 2017, directed the Authority to decide the jurisdictional question. By order dated 1 July 2017, the Authority held that the 2015 Act applied to autonomous colleges as well. The present writ petitions were filed seeking a declaration that Chapter IV of the 2015 Act was not applicable to them. The High Court, on 10 October 2017, granted rule and interim protection, noting a prima facie conflict between the provisions of the 2015 Act and the Maharashtra Public Universities Act, 2016, and issued notice to the Advocate General. The central legal issue was whether autonomous colleges, as defined under Section 2(6) of the 2016 Universities Act, fell within the regulatory ambit of the 2015 Act. The arguments of the petitioners were partly recorded before the text excerpt ends; the judgment was reserved on 19 January 2018 and pronounced on 25 January 2018. The complete reasoning and final decision are not included in the provided extract.
Headnote
A) Education Law - Autonomous Colleges - Fee Regulation - Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission and Fees) Act, 2015, Section 14(a); Maharashtra Public Universities Act, 2016, Section 2(6) - The common question of law was whether autonomous colleges granted autonomy by the UGC and the university are subject to fee regulation by the Fees Regulating Authority under the 2015 Act. The Authority held that they are. The petitioners contended that their autonomous status exempted them from such regulation. The High Court heard arguments and reserved judgment. (Paras 1-9)
Issue of Consideration
Whether autonomous colleges as defined under Section 2(6) of the Maharashtra Public Universities Act, 2016 are governed by the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission and Fees) Act, 2015.
Law Points
- Interpretation of autonomous college status under Maharashtra Public Universities Act
- 2016
- Scope of fee autonomy vs. regulatory oversight
- Applicability of Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission and Fees) Act
- 2015 to UGC-recognised autonomous institutions
- Conflict between central scheme and state legislation
Case Details
2018 LawText (BOM) (01) 50
Writ Petition No. 2813 of 2017 along with Writ Petition (L) No. 2032 of 2017 and Writ Petition No. 2684 of 2017
B. R. Gavai, J. and B. P. Colabawalla, J.
Mr. Aspi Chinoy, Mr. Akshay Prakash Shinde, Dr. Birendra Saraf, Mr. Akshay Shinde, Mr. Susheel Mahadeshwar, Ms. Ranjana Todankar, Dr. Milind Sathe, Ms. Manisha Jagtap, Mr. Akshay Kapadia, Mr. S.G. Aney, Mr. L.M. Acharya, Mr. Kunal Bhange, Mr. Kedar Dighe, Mr. Rui A. Rodrigues, Mr. P.M. Palshikar
K.J. Somaiya College of Engineering; S.P. Mandali's Prin. L.N. Welingkar Institute of Management, Development & Research; Bhartiya Vidya Bhavan's Sardar Patel Institute of Technology
The Secretary, Fees Regulating Authority & Ors.
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Nature of Litigation
Writ petitions seeking declaration that the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission and Fees) Act, 2015 does not apply to autonomous colleges.
Remedy Sought
Declaration that Chapter IV of the 2015 Act is not applicable and that the Fees Regulating Authority has no jurisdiction to determine fees for the petitioner institutions.
Filing Reason
The Fees Regulating Authority asserted jurisdiction over the petitioners to approve course-wise fees, despite their autonomous status granted by UGC and the University of Mumbai.
Previous Decisions
In earlier Writ Petition No. 309 of 2017, the High Court directed the Authority to decide the jurisdictional issue; the Authority passed order dated 01/07/2017 holding the 2015 Act applicable. The present petitions challenge that order.
Issues
Whether autonomous colleges as defined under Section 2(6) of the Maharashtra Public Universities Act, 2016 are governed by the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission and Fees) Act, 2015.
Judgment Excerpts
A common question of law that arises for consideration in these Petitions is, as to whether Petitioners who are Autonomous Colleges / Institutions, as defined in subsection (6) of Section 2 of the Maharashtra Public Universities Act, 2016 (hereinafter referred to as “2016 Universities Act”), are governed by the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission and Fees) Act, 2015 (hereinafter referred to as “Regulation Act of 2015”) or not?
By the impugned order dated 01/07/2017, the Authority held that the Regulation Act of 2015 was applicable even to the autonomous colleges and therefore the Petitioner was bound to submit its fee proposal to the Authority.
The perusal of the communication addressed by the University Grants Commission (“UGC”) to University of Mumbai dated 22/05/2013 would show that it has informed the University that the Commission on the recommendations of the Standing Committee, has agreed to grant autonomous status to the Petitioner under the UGC autonomous colleges scheme for a period of six years from the academic year 2013-2014 to 2018-2019.
Procedural History
Petitioners were granted autonomous status by UGC and University of Mumbai between 2013 and 2017. The Maharashtra Legislature enacted the Regulation Act in 2015. Petitioner in WP/2813/2017 informed the Authority in January 2016 of its autonomy and intention to fix its own fees. The Authority initially resolved on 02/03/2016 that the College may follow UGC and University rules. On 07/04/2016, the Authority issued a notice stating that fee approval was mandatory. Petitioners replied asserting autonomy. On 06/09/2016, the Authority issued a notification under Section 14(a) calling for fee proposals. Petitioner filed W.P. No. 309/2017 seeking declaration of non-applicability of Chapter IV. The High Court on 06/06/2017 directed the Authority to decide the jurisdictional issue. The Authority passed impugned order dated 01/07/2017 holding the Act applicable. The present writ petitions were filed thereafter. This Court granted rule and interim protection on 10/10/2018 (sic, likely 2017), noting prima facie conflict between the 2015 Act and the 2016 Universities Act, and issued notice to the Advocate General.
Acts & Sections
- Maharashtra Public Universities Act, 2016: Section 2(6)
- Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission and Fees) Act, 2015: Section 14(a), Chapter IV
