Corporate lawyer: The Hike of fees of education Institutions by the Telangana High Court set aside by the Supreme Court.- 08:00
Supreme Court of India
Justice Arun Mishra and Justice Navin Sinha
"State of Telangana Versus Sree Educational Society and others"
1st July 2019
In the said case the assail was laid down to the High Court judgement, by which the High Court fixed the fees structure for the the professional institutions, while negating the fees structure fixed by the Telangana admission and fee regulatory committee.
The supreme court while allowing the appeal held that the high court cannot re-appreciate the facts of the case, and cannot arrive at the possible alternate finding, in Judicial review. It was held that the fee regulatory committee was headed by the retired High Court judge and the other experts of the field, and was Quasi judicial body, therefore, the parameters of Judicial review would be applicable in case the fees fixed by the said committee is assailed before the court.
It needs no reiteration that the Judicial review cannot be done on the merits of the case but is only limited to the decision making process.
It was held that the courts should exercise judicial restraint in economic and financial matters as it should be left to experts and those who have knowledge and skills in the field. It was further held that the court cannot sit as an appellate authority, entering the arena of disputed facts and figure, to opine with regard to manner in which the TAFRC ought to had proceeded, without any finding of any violation of rules or procedure. Accordingly, the Appeal was allowed, and the judgement of the High Court enhancing the fees was set aside.