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Annamalai not under govt charge, therefore, free to fix its own Fee: Madras HC


Annamalai not under govt charge, therefore, free to fix its own Fee: Madras HC

Madras:The Madras High Court in a decision has upheld that the Annamalai University is not a government university, therefore the capitation Act 1992 does not apply to it. The court has also dismissed the appeal against a single bench order preferred by 149 students. A division bench  comprising of Justice Huluvadi G. Ramesh and Justice M.V. Muralidaran, while terming the university beyond the purview of the Fee Fixation Committee stated, that the university will therefore, not be dictated by its terms and is free to fix fee, as decided upon by its syndicate.

The students who preferred filing of a writ petition with regards to fee in contention stated that a government take over of the Annamalai university automatically implied that the Rajamuthiah Medical College become a government college. Therefore, the demand by it that students pay Rs. 5,54,370 and Rs. 3,50, 370 for MBBS and BDS courses, respectively, was an arbitrary act. According to them,  government colleges charged Rs. 12,990 and Rs. 10,290 towards MBBS and BDS courses, respectively.

Regarding the contention of the students that the university was state run, the court declared that it was during the days of financial difficulty faced by the university, that the government had given it a helping hand; for it would otherwise, have faced  a closure. The court further added, that this did not make it state run. The university, the apex body, declared had the right  as per statute to fix its own fee and to ask and receive, the fee structure fixed by the senate.

The court, dismissing the appeals, said:

Thus, the University is empowered by the statute to fix the fees and to demand and receive such fees, as prescribed by the Senate.Accordingly, when the university demanded the students to pay the fees prescribed by the senate for the previous academic year, it cannot be stated that the university is charging the fees with the ulterior motive of profiteering, particularly when the government had not included the university in the Government Order constituting the Fee Fixation Committee.

The court further held that

(i) Annamalai University is not a Government University;

(ii) the Capitation Fee Act, 1992 will not apply to the University;

(iii) Annamalai University will not come under the purview of the Fee Fixation Committee; and

(iv) Annamalai University is empowered to fix the fees as prescribed by the Syndicate.

Following is the judgement


Source: self
4 comment(s) on Annamalai not under govt charge, therefore, free to fix its own Fee: Madras HC

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  1. user
    Dr.Balaji Ramadoss October 5, 2016, 11:49 am

    @Dr.Mohan… We are not struggling to buy Lamborghini but for our Livelihood sir… Its easy to post a comment rather trying to know about d ground reality….

  2. user
    Dr.Balaji Ramadoss October 5, 2016, 11:31 am

    Hi friends,Tamilnadu govt has spent 2300 crores for university in d past 12 years. How can the government spent this much to a private institution? With this huge amount, government would have opened medical colleges in 23 districts and would have brought out 23 * 7 *100 = 16100 doctors upto date to Tamilnadu under merit basis instead of 1800 doctors which were produced by university after getting a sum of upto 1 crore per student. @Dr.Mohan… We the merit students or as people has the rights to ask y d government should spent this much? The problem is someone looted d whole university funds n y d government has not taken action to recover from d individual.The major problem is overemployment here with 12500 employees instead of just 1500.The postings were given on getting a sum of Rs.30,00,000 per person. Y the government has not taken any measures to solve the problem of overemployment?

  3. Government and court always should consider the students issues. In this order the private university will fix high fees next academic yr. so looting money is very easy and why govt allowed pg student through merit and single window system..my opinion is high level corruption going on in the name of Annamalai university.

  4. user
    Dr Mohan Ranawade October 5, 2016, 9:45 am

    Hello, each business has a right in democratic India to charge it\’s own fees or decide the price of its product .
    Just because the product price or fee is high ; beyond your means, dosen\’t mean it\’s unethical or criminal on the part of the business institute.
    Just because I cannot afford to own a Lamborghini Aventador and stay in the Presidential suite of the Ritz hotel, dosen\’t mean that there is something unethical going on.
    Nobody is forcing you to take admission.
    You should vent your ire on (1) The Government for not increasing the medical seats and infrastructure and (2) Caste based reservation, due to which meritorious students are denied of their fundamental rights.
    At best as a social service, you could yourself open a Private Medical College and give free admissions. The world will be greatly indebted to you.