Madras High Court
R.K.Sarathkumaran vs The Chairman on 13 November, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.39756 of 2024 etc
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 13.10.2025
PRONOUNCED ON : 13.11.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.39756, 39578 of 2024 &
4456, 7477, 12260, 16611, 16742, 18469, 22093, 22095,
22096, 22098, 35437, 35471, 35703, 35910 of 2025
and
W.M.P.Nos.13839, 18782, 18790, 18972, 18973, 20692, 20693, 24854,
24857, 24859, 24862, 39658, 39659, 39699, 39702, 39957, 39962,
40169 & 40172 of 2025
W.P.No.39756 of 2024 :-
R.K.Sarathkumaran ... Petitioner
Vs.
1. The Chairman,
Chettinad Academy of Research and Education (CARE),
(Deemed to be University)
Rajiv Gandhi Salai, Padur,
Kelambakkam,
Kancheepuram District – 603 103.
2. The Vice Chancellore,
Chettinad Academy of Research and Education (CARE),
(Deemed to be University)
Rajiv Gandhi Salai, Padur,
Kelambakkam,
Kancheepuram District – 603 103.
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3. The Registrar,
Chettinad Academy of Research and Education (CARE),
(Deemed to be University)
Rajiv Gandhi Salai, Padur,
Kelambakkam,
Kancheepuram District – 603 103.
4. The Dean,
Chettinad Academy of Research and Education (CARE),
(Deemed to be University)
Rajiv Gandhi Salai, Padur,
Kelambakkam,
Kancheepuram District – 603 103.
5. The Vice Principal,
Chettinad Academy of Research and Education (CARE),
(Deemed to be University)
Rajiv Gandhi Salai, Padur,
Kelambakkam,
Kancheepuram District – 603 103.
6. The Dean Secretary,
Chettinad Academy of Research and Education (CARE),
(Deemed to be University)
Rajiv Gandhi Salai, Padur,
Kelambakkam,
Kancheepuram District – 603 103.
7. The Chairman,
National Medical Commission,
Pocket-14, Sector-8,
Dwaraka Phase-I,
New Delhi – 110 077
(R7 Suo Motu impleaded as
per the order dated 05.02.2025
in W.P.No.39756 of 2025)
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8. The Chairman,
University Grants Commission,
Bahadur Shah Zafar Marg,
New Delhi – 110 002.
(R8 Suo Motu impleaded as
per the order dated 07.02.2025
in W.P.No.39756 of 2025) ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, directing the fourth respondent to
permit to attend the internship and not to collect the miscellaneous/
additional fee in the form of Break Fee.
For Petitioner : Mr. T.Gowthaman, Senior Counsel
For Mr.R.Swarnavel
Mr.R.Ramkumar
For Respondents
For R1 to R6 : Mr.M.S.Krishnan, Senior Counsel,
For Mr.T.Balaji
For R7 : Mr.Shubhuranjani Ananth
Standing Counsel
For R8 : Mrs.V.Sudha
Special Panel Counsel
COMMON ORDER
All the Writ Petitions have been filed to direct the respondents to
implement the fee structure prescribed by the Fee Fixation Committee
and to direct the respondents/College not to charge additional tuition fee
in the form of Break Fee/miscellaneous fee and to release the original
educational certificate to all the petitioners to pursue their further career.
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2. The issues involved in all these Writ Petitions are similar in
nature and therefore this Court is inclined to pass a common order.
3. All the petitioners had joined in the Chettinad Academy of
Research and Education (Deemed to be University) (hereinafter referred
to as “the CARE University”) in the academic year 2014-15, 2017-18 &
2018-19 in the MBBS course under the management quota. They passed
all the examinations conducted by the CARE University in nine
semesters. Though they had arrears in some papers, they subsequently
cleared all the papers in the following academic years. However, all the
petitioners have to complete their internship to get their MBBS degree
certificate. Though the petitioners had written supplementary
examinations and passed all the examinations, they did not undergo any
extra classes. Till the beginning of their internship, the CARE University
did not speak about the break fee. All of a sudden, they had asked the
petitioners to pay a sum of Rs.2,00,000/- per subject per arrear exam, in
addition to Rs.35,000/- as exam fee. Further the petitioners were served
with a calculation memo and a demand notice to the tune of
Rs.2,00,000/- per arrear paper. They had also received E-mail from the
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CARE University to remit the break fee within a stipulated time. Though
the petitioners approached the CARE University and sought for
explanation for the demand, the petitioners were not explained in respect
of the demand. Once again, the petitioners were informed by a reminder
to pay the break fee. Since the petitioners did not pay the break fee, the
CARE University blocked the petitioners' access from entering into the
college and face identity access was also denied. Face identity entry is
mandatory for claiming stipend. Further the CARE University also
informed the concerned departments not to permit the petitioners to
attend internships without payment of break fee. The petitioners were not
provided with P1 provisional certificates because of the non payment of
break fee. Hence, the present Writ Petitions.
4. Mr.T.Gowthaman, learned Senior Counsel appearing for the
petitioners submitted that the demand of break fee is arbitrary and
without jurisdiction. They cannot collect excess fee apart from the fee
fixed by the Fee Fixation Committee. The University Grants Commission
(hereinafter referred to as “the UGC”) and the National Medical Council
regulate the fee structure for all the deemed to be universities including
the CARE University. As per the University Grants Commission
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(Institution deemed to be universities) Regulations, 2023 (hereinafter
referred to as UGC Regulations, the deemed to be universities have to
frame fee structure as per the fee fixed by the Government or by the
Commission on this behalf from time to time. As per Section 3 of the
University Grants Commission (Institution deemed to be universities)
Act, 1956 (hereinafter referred to as “UGC Act”), the CARE University
is amenable to all the stipulations of UGC Act including its fee structure.
4.1. By virtue of Government order in G.O.Ms.No.226, Higher
Education (J2) Department, dated 11.07.2007, a committee was
constituted for fixation of fee for the deemed to be universities under the
chairmanship of a retired Judge of this Court. Accordingly, a sum of
Rs.13,00,000/- was fixed as tuition fee for the relevant year. It also
prohibits collection of capitation fee in all forms and instructed all the
deemed to be universities not to fleece the students by any fee or charges
other than what was declared to them at the time of admission in the
prospectus. Any such additional demand is unlawful and without any
authority.
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4.2. Section 24 of the UGC Act, r/w. UGC Regulations,
prohibits collection of capitation fee in any form. However, the CARE
University had made a demand apart from that of the fee fixed by the
Committee. In fact, UGC issued public notice dated 27.11.2019, thereby
directing all the deemed to be universities to not levy any fee or charges
other than what was prescribed by the Fee Fixation Committee. He also
relied upon the judgment of the Hon'ble Supreme Court of India reported
in 2022 Live Law (SC) 501 in the case of L.Nageswara Rao Vs.
Rashtreey Sikshana Samithi Trust., which clarified the earlier judgment
of the Hon'ble Supreme Court of India reported in (2002) 8 SCC 481 in
the case of T.M.A. Pai Foundation & Ors vs State Of Karnataka & Ors.
4.3. He further submitted that in view of the interim order passed
by this Court, all the petitioners had paid 40% of the demanded amount
to the CARE University and they were permitted to attend the internship
programme. Further those who had paid the fee as demanded by the
CARE University were entitled for a refund with interest at the rate of
6% per annum, if they succeed in the present writ petitions. Hence, he
prayed to allow all the writ petitions.
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5. The UGC filed counter and Mrs.V.Sudha, learned Special
Panel Counsel appearing for the UGC submitted that all the deemed to be
universities are being regulated by the UGC Regulations and Clause 24
of the UGC Regulations provides for the provisions of admission and fee
structure. Accordingly, seeking for donation or capitation fee in whatever
nomenclature or form, either directly or indirectly, is strictly prohibited.
All the deemed to be universities shall follow the rules and regulations
regarding fee structure, number of seats etc., issued by the relevant
statutory bodies and the fee shall be fixed transparently.
5.1. Further the fee shall be collected as declared in the
prospectus of the institution deemed to be university and a proper receipt
for such payment shall be provided and the prospectus shall also state
that a donation or capitation fee in whatever nomenclature or form, either
directly or indirectly, shall not be collected from the student or parents
and in case of any grievance, the students or parents may submit their
complaint to the institution deemed to be universities. The deemed to be
universities shall not retain any original certificates of the students,
faculty members or staff. As per Clause 13(2) of the UGC Regulations,
the executive council shall be the final decision making body of the
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deemed to be universities in respect of every matter such as - academic,
administrative, personnel, financial or developmental. Thus, it is clear
that the CARE University cannot collect any donation or capitation fee in
any nomenclature or form and it shall also not retain original certificates
of the students, faculty members or staff.
6. The CARE University filed counter and Mr.M.S.Krishnan,
learned Senior Counsel appearing for the CARE University submitted
that the issue of fee fixation for deemed to be universities had already
been seized with by the UGC as well as the Hon'ble Supreme Court of
India. Therefore, any fee issue cannot be raised before this Court and
hence, these writ petitions themselves are not maintainable. The UGC
had formed an expert committee with 11 members for fixation of fees in
respect of deemed to be universities. In the meantime, the deemed to be
universities levied tuition fee of Rs.25,00,000/- to 35,00,000/- under the
management quota. It was challenged before this Court in W.P.No.16785
of 2018 and this Court by an order dated 08.06.2018, fixed the tuition fee
as Rs.13,00,000/- as an interim arrangement till the Fee Fixation
Committee determines the final amount. Aggrieved by the same, a
Special Leave Petition was filed before the Hon'ble Supreme Court of
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India in S.L.P.(C)No.15706 of 2018 and by way of interim order, the
Hon'ble Supreme Court of India permitted the universities to levy the
fees that they demanded ranging from Rs.22 lakhs, until the UGC
committee determines the fees fixation and the SLP is still pending.
Therefore, all these Writ Petitions are not maintainable before this Court.
6.1. He further submitted that the petitioners were demanded
break fee for the supplementary classes attended by them. It was
demanded for the purpose of conducting extra classes for the failed
candidates. No stretch of imagination can amount to a donation or
contribution that is received in the form of capitation. Therefore, the
break fee is not an additional fee, but the tuition fees incurred for
conducting the extra classes for failed students. Due to compliance to the
regulations of the Medical Council of India, when the regulations
mandate the extra classes to be conducted, the institutions are
empowered to charge for those extra classes as they will form a part of
the tuition fees. If the student passed the examination without failing in
the first attempt, the requirement of extending the course period does not
arise. The students avail every service offered by the CARE University
all over again analogous to a student studying afresh.
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6.2. In fact, the petitioners were admitted through management
quota and even prior to their admission, they were provided with
prospectus of the CARE University along with fee schedule for 4 ½ years
during the course duration. Being aware of the entire fee structure and
the dates on which such fee is due and payable, all the petitioners have
entrusted themselves for MBBS degree course under the management
quota. The period of course is 4½ years plus one year Compulsory
Rotatory Residential Internship (hereinafter referred to as “CRRI”) under
the management quota. Therefore, the very challenge of demand of break
fee is nothing but an abuse of the order passed by the Hon’ble Supreme
Court of India and it is baseless. All the petitioners failed multiple times
due to various reasons. Therefore, they formed a separate break batch
altogether for which, the CARE University ought to impart additional
classes and additional clinic sessions for which additional costs will be
incurred. Therefore, if a medical student doesn’t qualify in the semester
examinations, the student will be required to attend extra classes for
which, the facilities of the CARE University have to be utilized, until
that student clears the examinations. Therefore, the CARE University has
to conduct special classes or extra clases as break classes for which the
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charge of Rs.1,75,900/- per subject for phase I MBBS course and Phase
III Part I, a sum of Rs.1,32,000/- per subject for Phase II and
Rs.1,31,900/- per subject for Phase III part II shall be levied.
6.3. He further submitted that as per the Graduate Medical
Education Regulation and the National Medical Council Guidelines
under the National Medical Council Act, if a student fails to score the
minimum marks or it his/her attendance is less than 75% for theory and
less than 80% for practical training, the student cannot appear in the
supplementary examination following the regular annual examinations.
Therefore, such students are required to take special classes and some of
those classes are likely to be along with the junior batch commencing in
the next academic year to compensate for their attendance deficit. So that
the student will be eligible to appear in the supplementary examination in
the next academic year. Therefore, the CARE University is entitled to
collect break fee from the students who attended the break classes.
6.4. As per the regulations for the MBBS Course, the students
will have to undergo 4½ years training which is divided into 9 semesters.
The curriculum of the course and the manner in which it ought to be
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imparted by the institution are found in the regulations. The student will
have to successfully pass in the first professional examination before
proceeding to Phase II training. The student who fails in the second
professional examination will not be allowed to appear in the third
professional Part I examination, unless the student passes all the subjects
of second professional examination. However, passing in third
professional Part I examination is not compulsory before entering into 8th
& 9th semester training, however, passing the third professional Part I
examination is compulsory for being eligible for third professional Part II
examination. Apart from the theory classes, it includes clinical training,
laboratory training, internal assessment (which includes both theory and
practical) for proper conclusion of the course. Likewise 75% of
attendance in a subject for appearing in the examination is compulsory
and the students must have 80% attendance in non-lecture teaching ie.,
seminars, group discussions, tutorials, demonstrations, practicals,
hospital (Tertiary, Secondary, Primary) posting and bed side clinics etc.
6.5. In fact, presently the CARE University charges a sum of
Rs.1,75,900/- per subject for Phase I MBBS and Phase II Part I, a sum of
Rs.1,32,000/- per subject for Phase II and a sum of Rs.1,31,900/- per
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subject for Phase III Part II as concessional rate for conducting extra
classes. The CARE University has its own Fee Fixation Committee
headed by an expert. The expert committee has been constituted in terms
of Rule 4.7, Annexure-I of the UGC (Institutions Deemed to be
University) Regulations 2010 as amended till 2018. Therefore,
mandatory supplementary classes were conducted for the students who
failed in the examinations during their MBBS Course, wherein the
petitioners took classes with the junior batch in order to complete their
MBBS Course. Therefore, the CARE University demanded break fee.
Further, the Graduate Medical Regulation, 1997 mandates the students to
take supplementary classes to compensate their failure to pass the
examination or for attendance deficit as the case may be. Therefore, all
the Writ Petitions are devoid of merits and are liable to be dismissed.
7. Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
8. All the petitioner had joined MBBS Course in the CARE
University under the management quota. They were demanded break fee
and were prevented from participating in their internship programme.
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The CARE University also withheld the petitioners' provisional
certificate and other certificates which were submitted at the time of their
admission into the MBBS Course. The CARE University is a deemed to
be university and it is regulated by the UGC (Institution Deemed to be
Universities) Regulation, 2023. Clause 24 of the UGC Regulation
provides for the provision of admission and fee structure as follows :-
"24. Admission and fees structure.
A. Admission - Admission of students to the
institution deemed to be University, public or self-
financing, shall be strictly based on merit in the entrance
exam conducted by a Government Testing Agency or the
institution deemed to be University and as prescribed by
the appropriate statutory authority, wherever applicable
and in case of no entrance examination, the admission of
students to the institution deemed to be University may
be made in the manner specified in the prospectus.
B. Fee structure :- (1) Donation or capitation fee
in whatever nomenclature or form, either directly or
indirectly, is strictly prohibited.
(2) The institutions deemed to be Universities shall
follow the rules and regulations regarding fee structure,
number of seats, etc., issued by the relevant statutory
bodies and in case an institution deemed to be University
offers different courses which come under the regulatory
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ambit of different statutory bodies, namely the University
Grants Commission, the All India Council of Technical
Education, National Medical Council etc., the rules and
regulations regarding fee structure, number of seats,
etc., issued by such statutory body concerned shall be
applicable.
(3) The fee shall be fixed transparently, keeping in
view non-profiteering or non-commercial aspects.
(4) The fee shall be collected as declared in the
prospectus of the institution deemed to be University and
with a proper receipt for such payment and the
prospectus shall also state that donation or capitation
fee in whatever nomenclature or form, either directly or
indirectly, shall not be collected from the student or
parent and in case of any grievance, the student or
parent may submit their complaint to the institution
deemed to be University.
(5) The institution deemed to be University may
provide fee concession or scholarships or may allocate
some seats to meritorious students belonging to socially
and economically deprived groups of the society.
(6) The institution deemed to be University shall
abide by all the University Grant Commission
notifications, guidelines regarding the refund of fees and
return of original certificates, as may be issued from time
to time.
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(7) Every institution deemed to be University shall
maintain the records of the entire process of selection of
candidates, exhibit such records on its website, and
preserve such records for a minimum period of five
years.
(8) The institution deemed to be University shall
make available the prospectus on its website at least
sixty days before the commencement of admissions,
including fee structure, refund policy, number of seats in
a programme, eligibility qualifications, admission
process, etc.
(9) The institution deemed to be University shall
not retain any original certificates of the students, faculty
members, and staff."
Thus, it is clear that collecting donation or capitation fee, in whatever
nomenclature or form either directly or indirectly is strictly prohibited.
The fee shall be collected as declared in the prospectus of the institution
and with a proper receipt for such payment. They may provide fee
concession or scholarships to the students.
9. The Regulation 7 under Chapter - II of the Medical Council
of the India Regulations on Graduate Medical Education 1997, deals
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with the time period distribution for the MBBS course. According to that
Regulation, the students shall undergo a period of certified study
extending over 4½ academic years divided into nine semesters i.e., six
months each, from the date of commencement of their study. Phase I-
consisting two semesters, Phase II-consisting three semesters, Phase III-
consisting four semesters (Part I & Part II). Supplementary examination
may be conducted within six months so that the students can pass and
join the main batch and the failed students will have to appear in the
subsequent year, provided that, the students who pass the supplementary
examination shall be allowed to appear in the second professional MBBS
examination only after they complete the full course of study of three
semesters irrespective of the examination of the main batch. Therefore,
passing in Phase I is compulsory before proceeding to Phase II training.
A student who fails in the II Professional examination shall not be
allowed to appear in Phase III Part I examination unless the student
passes all subject of Phase II examinations. Passing of III Professional -
Part I examination is not compulsory before entering for eighth and ninth
semester of Phase III.
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10. According to the CARE University, the students were
informed about the break fee by the student handbook which states that
any candidate who fails to pass the examination shall have the course
extended and such candidate will have to pay tuition fee and other fees
for the extended duration of the course. Further they also issued circulars
calling upon the students to pay for supplementary classes.
11. It is true that supplementary examinations are conducted and
the students are required to pass all the subjects by the end of their
professional year in order to proceed to the next year, since the
Regulation 8 of the Medical Council of India Regulation on Graduate
Medical Education, 1997 mandates that only after completion of first
professional year, the students can enter into Phase II and after
completion of second professional examination, the students are
permitted to enter into third professional examinations. But no
Regulation speaks about the supplementary classes except the handbook
and circular issued by the CARE University. Therefore, those who have
failed in the examinations are not compelled to attend the supplementary
classes. Regulation 7.7 of the Medical Council of India Regulations says
that supplementary examination may be conducted within six months so
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that the students may pass and join in the main batch and the failed
students will have to appear for examinations in the subsequent year. But
it doesn't mandate supplementary classes for the students who had failed.
12. In fact, the prospectus of the CARE University doesn't speak
about the break fee i.e., extra fee for the extended course. After
admission, the students were provided with hand book of the CARE
University and in the hand book indicates that any candidate who fails to
pass the annual examination of the CARE University as prescribed shall
have the course extended according to the regulations of the course of
study and such candidate shall have to pay tuition fee and other fees for
the extended duration of the course.
13. As stated supra, no regulation has prescribed extra classes
for the extended course. When it is not mandatory, no student can be
compelled to attend such extra classes. Therefore, the payment of tuition
and other fees for the extended duration of course doesn't arise. Even as
per the circular issued by the CARE University dated 01.02.2017, in
order to help the students to improve academic performance and prepare
effectively for the supplementary examinations, the failed candidates
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were informed that special coaching sessions and tests will be organized
for the students requiring re-examinations. It was further stated that it
was mandatory to attend those sessions and fee will be applicable for the
same. Thus it is clear that the CARE University itself issued the circular
for special coaching sessions. No regulation mandates supplementary
classes or special classes for supplementary examinations. The CARE
University on it's own capacity had compelled the students to attend the
special coaching sessions to write their supplementary examination and
had also arbitrarily sought for fees for the same. On one hand, they made
those extra classes mandatory and on the other hand, they informed that
those who had paid the prescribed fees alone should be permitted to
attend the special classes. Therefore, the hand book and the circulars
issued by the CARE University are against the regulations issued by the
Medical Council of India.
14. Though the CARE University produced some evidences for
conducting extra classes, according to the petitioners they had not
attended any of those extra classes till the time of clearing all the papers.
Hence, no extra classes were conducted by the CARE University.
Though the CARE University provided extra classes to the students who
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failed in their examination in order to write their supplementary
examination, it doesn't require any additional tuition fee. Even according
to the CARE University, the students, who failed, were directed to attend
the classes with their junior batch in order to compensate their attendance
deficiency and it doesn't amount to extra classes in a separate batch. It is
true that those who passed their supplementary examination, will be
treated as separate batch, if they failed to complete their examination
with the main batch.
15. The UGC and the National Medical Council regulate the fee
structure for all deemed to be universities. As per the Regulation of the
UGC, the deemed to be universities are directed to frame fee structure as
per the fee fixed by the Government or by the Commission in this behalf
from time to time. Further as per Section 3 of the UGC Act 1956, the
CARE University is amenable to all the stipulations of the UGC Act,
including it's fee structure. By virtue of G.O.Ms.No.226, Higher
Education (J2) Department dated 11.07.2007, a committee was
constituted for fixation of fee in respect of the deemed to be universities
under the chairmanship of a retired Judge of this Hon'ble Court. The said
committee directed the deemed to be universities to collect a sum of
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Rs.13,00,000/- only towards tuition fee for the relevant year. The
regulating Act strictly prohibits the collection of capitation fee in any
form and instructed the deemed to be universities not to fleece the
students by any fee or charges other than what was declared to them at
the time of admission in the prospectus. Further Section 24 of the UGC
Act, 1956 r/w UGC Regulations, 2023, specifically prohibits collection
of capitation fee in any form.
16. This Court in a Writ Petition in W.P.No.16785 of 2017, by
an order dated 08.06.2018, directed the deemed to be universities to
collect a sum Rs. 13,00,000/- as fee for the academic year. However, the
deemed to be universities challenged the same before the Hon'ble
Supreme Court of India in S.L.P(Civil) Dairy No.22337 of 2018 and
obtained interim stay and continued to collect Rs.22,00,000/- from all the
students. But the Fee Fixation Committee fixed a sum of Rs.16,20,000/-
as fee for the academic year 2022-25. Therefore, any tuition fee
demanded more than the sum of Rs.16,20,000/- is blatantly arbitrary.
17. The Hon'ble Supreme Court of India in the case of
L.Nageswara Rao Vs. Rashtreeya Sikshana Samithi Trust reported in
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2022 Live Law (SC) 501, clarified the earlier judgment passed by the
Hon'ble Supreme Court of India reported in (2002) 8 SCC 481 in the
case of T.M.A. Pai Foundation & Ors vs State Of Karnataka & Ors., as
follows:-
“7. While clarifying the judgment of this Court in
TMA Pai Foundation², this Court in Islamic Academy of
Education and Anr. v. State of Karnataka and Ors.3,
observed that once fee is fixed by the Committee, the
institute cannot charge either directly or indirectly any
other amount over and above the amount fixed as fee. If
any other amount is charged, under any other head or
guise, e.g. donations, the same would amount to charging
of capitation fee. The Governments/appropriate
authorities should consider framing appropriate
regulations, if not already framed, whereunder if it is
found that an institution is charging capitation fees or
profiteering, that institution can be appropriately
penalised and also face the prospect of losing its
recognition/affiliation. In the said judgment, this Court
took note of the fact that the States of Tamil Nadu,
Maharashtra, Karnataka and Andhra Pradesh have
enacted statutes prohibiting collection of capitation fee
and regulating admission process in professional
colleges. In terms of the provisions of the said Acts, the
management of the professional colleges were prohibited
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from charging any amount other than fee determined
under the said Acts. This Court further observed that the
expression "capitation fee" does not have any fixed
meaning. It referred to the definition of capitation fee in
the Tamil Nadu Educational Institutions (Prohibition of
Collection of Capitation Fee) Act, 1992, which is as
follows:
"Capitation fee means any amount by whatever name
called, paid or collected directly or indirectly in excess of
the fee prescribed under Section 4;”
The above judgment is related to the issue involved in the present Writ
Petitions. The petitioners were demanded to pay break fee for the extra
special classes conducted by the CARE University, which is not
mandated under any regulations.
18. In this context, it is also relevant to rely upon the decision of
the Division Bench of this Hon’ble Court in the case of Leo
Matriculation Higher Secondary School, Rep. by its Executive
Secretary v. The Chair Person, Private Schools Fee Determination
Committee and ors., reported in (2013) 1 CWC 353, wherein the
petitioner which is a private school, had sought for excess fees from the
students in the pretext of providing 'smart classes' and 'IT-enabled
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education' which was above the fee limits prescribed by the Private
Schools Fee Determination Committee. Considering the inquiry
reportfiled by the Directorate of Matriculation Schools, the Chair-person
of the Committee directed the petitioner to refund the excess fees to the
students as it was above the prescribed fee limits. The same was
challenged by the petitioner on multiple grounds but the said refund
order of the Committee was upheld by the Division Bench of this
Hon’ble Court.
19. Education must not be perceived merely as a commercial
venture undertaken for profit. It is, and must remain, a noble service to
society that carries with it a profound moral and constitutional
responsibility. While students are expected to invest their time, discipline
and commitment in shaping their careers, educational institutions, on
their part, bear the solemn duty of shaping intellects and nurturing
responsible citizens who will illuminate the nation’s future. The pursuit
of profit making may well define other enterprises, but when applied to
education, such an approach undermines its very essence and becomes
counterproductive to the larger purpose it seeks to serve.
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20. In view of the above discussions, this Court is inclined to
pass the following directions:-
(i) the CARE University is directed not to charge any additional
tuition fee in the form of break fee/miscellaneous fee.
(ii) the State Government, UGC and National Medical Council are
directed to implement the fee structure fixed by the Fee Fixation
Committee to all deemed to be universities including the CARE
University.
(iii) the CARE University is also directed to refund the deposit
made by the petitioners in view of the interim order passed by this Court
with interest at the rate of 6% per annum, within a period of two weeks
from the date of receipt of a copy of this Order.
(iv) the CARE University shall release all the educational
certificates which were produced by the petitioners at the time of their
admission, within a period of two weeks from the date of receipt of a
copy of this Order, to pursue their future career.
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21. Accordingly, all the Writ Petitions stand allowed.
Consequently, connected miscellaneous petitions are closed. There shall
be no order as to costs.
13.11.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
Note : Registry is directed to
incorporate cause title for all
the cases and issue order copy.
rts
G.K.ILANTHIRAIYAN, J.
Today, the matter is posted before this Court under the
caption 'For Being Mentioned' at the instance of the learned counsel
appearing for the respondents.
2. The learned Standing Counsel appearing for the respondents
submitted that this Court by an order dated 13.11.2025, directed the State
Government, University Grand Commission and National Medical
Council to implement the fee structure fixed by the Fee Fixation
Committee to all deemed to be universities. However, the said matter has
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been seized by the Hon'ble Supreme Court of India and therefore the said
direction cannot be complied with by the respondents.
3. Considering the above submissions, the directions issued in
paragraph 20 (ii) in the order dated 13.11.2025 in W.P.No.39756 of 2024
etc., is hereby deleted. Registry is directed to delete the paragraph 20 (ii)
of the order dated 13.11.2025 and issue order copy a fresh.
20.11.2025
rts
To
1. The Chairman,
Chettinad Academy of Research and Education (CARE),
(Deemed to be University)
Rajiv Gandhi Salai, Padur,
Kelambakkam,
Kancheepuram District – 603 103.
2. The Vice Chancellore,
Chettinad Academy of Research and Education (CARE),
(Deemed to be University)
Rajiv Gandhi Salai, Padur,
Kelambakkam,
Kancheepuram District – 603 103.
3. The Registrar,
Chettinad Academy of Research and Education (CARE),
(Deemed to be University)
Rajiv Gandhi Salai, Padur,
Kelambakkam, Kancheepuram District – 603 103.
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4. The Dean,
Chettinad Academy of Research and Education (CARE),
(Deemed to be University)
Rajiv Gandhi Salai, Padur,
Kelambakkam,
Kancheepuram District – 603 103.
5. The Vice Principal,
Chettinad Academy of Research and Education (CARE),
(Deemed to be University)
Rajiv Gandhi Salai, Padur,
Kelambakkam,
Kancheepuram District – 603 103.
6. The Dean Secretary,
Chettinad Academy of Research and Education (CARE),
(Deemed to be University)
Rajiv Gandhi Salai, Padur,
Kelambakkam,
Kancheepuram District – 603 103.
7. The Chairman,
National Medical Commission,
Pocket-14, Sector-8,
Dwaraka Phase-I,
New Delhi – 110 077.
8. The Chairman,
University Grants Commission,
Bahadur Shah Zafar Marg,
New Delhi – 110 002.
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G.K.ILANTHIRAIYAN. J,
rts
Common Order in
W.P.Nos.39756, 39578 of 2024 &
4456, 7477, 12260, 16611, 16742, 18469, 22093, 22095,
22096, 22098, 35437, 35471, 35703, 35910 of 2025
13.11.2025
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