Chhatisgarh Dental Col.& Res.Inst vs Shweta Kabra

2025 INSC 720 NON-REPORTABLE

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)

JUDGMENT

B.R. GAVAI, J.

1. Leave granted.

2. The present appeals challenge the common judgment

and final order dated 6th 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

1 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

Welfare vide letter dated 27th 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

vide judgment and order dated 14th August 2003 in the case 2 of Islamic Academy of Education and Another v. State of

Karnataka and Others1 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

dated 25th 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

1 (2003) 6 SCC 697

3 petition being W.P. No.3628/2005. In the said petition vide

order dated 29th 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

order on 29th 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

31st 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

final order dated 6th 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

4 the appellant-college.

4. Being aggrieved thereby, a special leave petition was

filed by the appellant-college. Notice in the present petition

was issued on 12th 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 5 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

in the present proceedings dated 12th 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. 6 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

the order dated 12th 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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