CHHATISGARH DENTAL COL.& RES.INST. vs SHWETA KABRA
- Court
- Supreme Court
NON-REPORTABLE
2025 INSC 720
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. OF 2025
(Arising out of SLP(C) Nos.13977-13980 of 2010)
CHHATTISGARH DENTAL COLLEGE
AND RESEARCH INSTITUTE …APPELLANT(S)
VERSUS
SHWETA KABRA AND OTHERS ETC. …RESPONDENT(S)
WITH
CIVIL APPEAL NO. OF 2025
(Arising out of SLP(C) No. 14195 of 2010)
CIVIL APPEAL NO. OF 2025
(Arising out of SLP(C) No. 14288 of 2010)
CIVIL APPEAL NO. OF 2025
(Arising out of SLP(C) No. 18993 of 2010)
J U D G M E N T
B.R. GAVAI, J.
1. Leave granted.
2. The present appeals challenge the common judgment
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and final order dated 6 April 2010 passed by the High Court
Signature Not Verified
of Chhattisgarh at Bilaspur (hereinafter referred to as, “High
Digitally signed by
NARENDRA PRASAD
Date: 2025.05.17
16:06:05 IST
Reason:
Court”) whereby the writ petition filed by appellant-college
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objecting to the fee fixation came to be dismissed and a batch
of writ petitions filed by the students (admitted to the BDS
course in the appellant-college in the academic years 2003-
2004 and 2004-2005) came to be allowed thereby directing
the students to pay tuition fee at the rate of the fee fixed i.e. ,
Rs.1,25,000/- and further directed that any amount paid by
the students in excess shall be refunded by the appellant-
college.
3. The facts, in brief , giving rise to the present appeals are
as under:
3.1 The appellant-college was established after obtaining
formal permission from the Ministry of Health and Family
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Welfare vide letter dated 27 February 2002.
3.2 In the prospectus of the appellant-college, the fee was
fixed at Rs.2,12,500 (tuition fee) plus Rs.12,500 (caution fee)
for the general category candidates and Rs.1,12,500 (tuition
fee) plus Rs.12,500 (caution fee) for reserved category
candidates belonging to SC/ST/OBC. Accordingly, the
appellant-college admitted the respondents-students.
3.3 Subsequent to the students being admitted, this Court
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vide judgment and order dated 14 August 2003 in the case
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of Islamic Academy of Education and Another v. State of
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Karnataka and Others directed that every State shall
constitute a committee for fixation of fee to be charged from
students.
3.4 Accordingly, a committee being Justice S.D. Jha
Committee (hereinafter referred to as, “Fee Fixation
Committee”) was constituted by the State of Chhattisgarh. It
appears that there were differences of opinion between the
Chairman of the committee and the other members of the
committee. Ultimately, the Fee Fixation Committee
determined the fee structure at Rs.1,25,000/- for the
appellant-college. It was made clear that the said fee would
be effective from the academic year 2005-2006 for three
years i.e., up to the academic year 2007-2008.
3.5 The State Government, accordingly, issued a letter
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dated 25 July 2005 to the appellant-college thereby fixing
the fee at the aforesaid rate.
3.6 The appellant-college, being aggrieved with the fee
fixation on the ground that it was done without considering
any material, approached the High Court by way of a writ
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(2003) 6 SCC 697
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petition being W.P. No.3628/2005. In the said petition vide
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order dated 29 September 2005, the appellant-college was
directed to change the fee structure with effect from the
academic year 2005-2006.
3.7 In the meantime, it appears that some of the students
who were admitted in the year 2003-2004 filed a writ petition
being W.P. No.5764/2005 wherein the High Court passed an
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order on 29 November 2005 restraining the appellant-
college from demanding fee in excess of the fee fixed by the
Fee Fixation Committee i.e., Rs.1,25,000/-. Subsequently, on
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31 January 2006, the aforesaid order was modified by the
High Court thereby directing the students to pay a sum of
Rs.1,50,000/- towards tuition fee and the said arrangement
was subject to final outcome of the writ petition.
3.8 The High Court vide common impugned judgment and
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final order dated 6 April 2010 in the batch of petitions filed
by the appellant-college as well as the students directed that
the fee of Rs.1,25,000/- per year per student shall apply even
for the students admitted prior to the academic year 2005-
2006 and any amount paid by the students in excess of the
fees fixed by the Fee Fixation Committee shall be refunded by
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the appellant-college.
4. Being aggrieved thereby, a special leave petition was
filed by the appellant-college. Notice in the present petition
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was issued on 12 May 2010. On the said date, interim
directions were passed directing that the appellant-college
shall refund the excess amount as per the order of the High
Court to each of the students of 2003-2004 who have
approached the Court. Further, all the documents of the
students (such as marks card, provisional certificate, final
certificate and intern completion certificate etc. ) shall be
released to the students on furnishing a bank guarantee
against the refund amount. It was further directed that with
regard to the students who had not paid any fee, the
appellant-college were directed to release their documents to
such students on furnishing a bank guarantee for a sum of
Rs.1,00,000/-.
5. We have heard learned counsel appearing for the parties
and perused the material on record.
6. Learned counsel appearing on behalf of the
appellant-college submits that the only grievance is that once
the fee structure was determined by the Fee Fixation
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Committee which was from the academic year 2005-2006,
the High Court could not have made the said fee structure
applicable retrospectively thereby directing refund of excess
fee.
7. We find substance in the said submission of the learned
counsel for the appellant-college.
8. Admittedly, it was only subsequent to the judgment of
this Court in the case of Islamic Academy of Education
(supra), the fee structure came to be determined and the Fee
Fixation Committee directed that Rs.1,25,000/- would be
applicable and that too only from the academic year 2005-
2006 onwards.
9. In that view of the matter, we are of the considered view
that the High Court was not justified in directing the refund
of excess fee to the students who were admitted prior to the
academic year 2005-2006.
10. In pursuance of the earlier order passed by this Court
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in the present proceedings dated 12 May 2010, the fee has
already been refunded to the students. However, the
students were also directed to furnish bank guarantees with
respect to such refund upon release of their documents.
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Even those students who had not paid any fee were directed
to furnish bank guarantees of Rs.1,00,000/- upon release of
their documents.
11.
We, therefore, permit the appellant-college to encash
the bank guarantees executed by the students in terms of
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the order dated 12 May 2010.
12. The appeals are, accordingly, disposed of.
13. Pending application(s), if any, shall stand disposed of.
..............................J.
(B.R. GAVAI)
.............................................J.
(AUGUSTINE GEORGE MASIH)
NEW DELHI;
MAY 06, 2025.
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