Annamalai varsity not a government institution, can fix its own fees: HC

DENNIS S. JESUDASAN

Upholding a single judge’s order, a Division Bench of the Madras High Court has held that Annamalai University near Chidambaram, which came under the control of the State government by an Act in 2013, is “not a government university” and would not come under the purview of the Fee Fixation Committee.

Dismissing a batch of appeals filed by medical students challenging collection of higher fees for various courses than what was collected in other State-run medical colleges, the Bench comprising Justices Huluvadi G. Ramesh and M.V. Muralidharan said the Capitation Fee Act, 1992 would not apply to the university and it was also empowered to fix the fees as prescribed by the Syndicate.

When the university was about to be closed due to its financial condition during 2012-13, the government took charge “in order to keep it alive”. The said act of the government “will not make the university a government university. Therefore, it cannot be said that the university is a State-run university,” the judges held.

The batch of pleas was filed by students contending that since the university was under the control of the government, they were required to pay the fees prescribed in the prospectus, which was determined by the Senate, and not as prescribed by the government.

However, the judges observed, “In a situation where the university is under deficit financing, the question of profiteering or commercialising the education by the university will not arise.” They also pointed out that the university or its constituent colleges were not included in the Government Order constituting the Fee Fixation Committee and it showed that the university was “not profiteering or commercialising the education”.

Since the committee never ventured out to fix the fees for the courses run by the university, the judges held that the question of invocation of Capitation Fee Act, 1992 did not arise.

The bench further held that the students, who have accepted the offer made in prospectus, namely the terms and conditions and the fee fixed by the Senate and joined the course, “cannot now turn around the same and contend that charging and demanding the fee prescribed in the prospectus is arbitrary, on the ground that the university is now a State-run university”.

Though it took over the control of Annamalai University, the stand of the government is that the university had not fixed the fee with the object of profiteering and it was only for the purpose of compensating the expenditure involved in running the institutions.

‘Not covered by Act’

When the deemed universities in Tamil Nadu were not covered by Capitation Fee Act, 1992 and were kept out of the purview of the Fee Fixation Committee, Annamalai University “should also be kept out of the purview of the Fee Fixation Committee, since it would inflict double jeopardy upon the government,” the bench held.

Says since the varstiy is under deficit financing, question of commercialising education does not arise