Monday, the Supreme Court set aside the instructions of the Telangana High Court for the 2016-17 and 2018-19 academic years setting fee structure of unaided minority and non-minority organizations for engineering courses. Restoring the fees set by the Telangana Admission and Fee Regulatory Committee (TAFRC), the top court criticized the high court's decision to fix the fee structure to be levied on its own. It observed that the top court had directed a committee in each state to regulate the fee system in the unaided minority and non-minority academic institutions for the institution by its previous judgment.
In pursuance of the apex court judgment, the Telangana government had formed TAFRC, which is headed by a former high court judge, under whom several specialists from different areas function to determine the fee structure subject to state government approval. The fee structure reported by the government for the 2016-17 and 2018-19 Bachelor of Engineering and B.Tech courses was challenged twice before the high court.
Pronouncing that the fixation was not appropriate, the high court itself proceeded to fix the fee structure to its satisfaction. The state government, aggrieved by the order, approached the apex court which set aside the high court order and restored the decision of the fee regulatory committee.
The top court said that if the decision-making process is defective by breach of the fundamental values of natural justice, or ultra-vires, or takes irrelevant materials into account, or excludes appropriate materials, then the court may intervene to correct the error. It said that in judicial review, not merely mistakes, but only "palpably arbitrary decisions" alone could be interfered with.
Tags : #Legal