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Supreme Court of India 2018-07-13 allowed

M. Aamira Fathima and Others vs Annamalai University and Others

Bench: 2 — Uday Umesh Lalit

In Brief

Annamalai University charged fees exceeding Rs. 5.54 lakhs per annum for MBBS and BDS courses, far above government-mandated rates. Students challenged the fees in the High Court, relying on the Tamil Nadu Capitation Fee Act, 1992, which mandates that professional medical and engineering courses must have fees fixed by a statutory Committee on Fixation of Fee, not by the university unilaterally. The High Court dismissed the challenge, holding estoppel applied and no Committee review was required. The Supreme Court allowed the appeals, holding that the Committee fee-fixing mechanism applies automatically, specific statutory procedures cannot be avoided by estoppel, and the matter must be referred to the Committee for appropriate fee determination with consequential relief to students.

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