Srusti Academy Of Management vs The State Of Odisha

NON-REPORTABLE 2024 INSC 939 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2024 (Arising out of SLP (C) No(s). 21782/2023) SRUSTI ACADEMY OF MANAGEMENT Appellant(s) VERSUS THE STATE OF ODISHA & ORS. Respondent(s) WITH CIVIL APPEAL NO. OF 2024 (Arising out of SLP(C) No(s) No. 21921/2023) CIVIL APPEAL NO. OF 2024 (Arising out of SLP(C) No. 21892/2023) CIVIL APPEAL NO. OF 2024 (Arising out of SLP(C) No. 22096/2023) CIVIL APPEAL NO. OF 2024 (Arising out of SLP(C) No. 1663/2024) B.R.GAVAI, J 1. Leave granted. 2. The appeals challenge the judgment and orders dated 10.07.2023 and 06.07.2023 passed by the learned Division Bench of the High Court of Orissa at Cuttack, thereby the Division Bench of the High Court has upheld the recommendation dated 2 07.12.2022 of the Fee Structure Committee and the Notification dated 30.12.2022 issued by the State Government. 3. The perusal of the record would reveal that respondent-Fee Structure Committee had reduced the fees that the appellant(s) could charge to the students. 4. Indisputably, the said revision was made without giving an opportunity of being heard to the appellant(s). 5. It is a settled principle of law that any order inviting adverse civil consequences cannot be passed without adherence to the principles of natural justice. In any case, the relevant provision itself requires a hearing to be given to the institution(s) before a revision is made. 6. On this short ground, the appeals deserve to be allowed. The impugned judgment and orders dated 10.07.2023 and 06.07.2023 passed by the High Court and recommendation dated 07.12.2022 of the respondent-Fee Structure Committee and the Notification dated 30.12.2022 issued by the State government are quashed and set aside. 3 7. We clarify that for the next academic session, the respondent-Fee Structure Committee as well as State Government would determine the fee structure by following the procedure as set out under Sections 6 and 7 of the Orissa Professional Educational Institutions (Regulation of Admission & Fixation of Fee) Act, 2007 and the law laid down by this Court. 8. Needless to state that till the fees for the next academic session are redetermined, the appellant(s) would continue to charge the fees which existed before passing the impugned judgment and order. 9. Pending application(s), if any, stand(s) disposed of. ….........................J (B.R. GAVAI) ...........................J (K.V. VISWANATHAN) New Delhi December 03, 2024 4 ITEM NO.27 COURT NO.2 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 21782/2023 [Arising out of impugned final judgment and order dated 10-07-2023 in WP(C) No. 9686/2023 passed by the High Court of Orissa at Cuttack] SRUSTI ACADEMY OF MANAGEMENT Petitioner(s) VERSUS THE STATE OF ODISHA & ANR. Respondent(s) WITH SLP(C) No. 21921/2023 (XI-A) (IA No.200621/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 21892/2023 (XI-A) (IA No.200536/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 22096/2023 (XI-A) (FOR ADMISSION and I.R. and IA No.202594/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 1663/2024 (XI-A) (IA No.4828/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 03-12-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Mr. Ashok K. Parija, Sr. Adv. Mr. Gaurav Khanna, AOR Mr. Amritesh Mohanty, Adv. Ms. Natasha Sahrawat, Adv. Ms. Deepali Bhanot, Adv. Mr. Rudraksh Pandey, Adv. Mr. Gautam Barnwal, Adv. Ms. Alisha Roy, Adv. Mr. Sunil J Mathews, Adv. Ms. Jyoti Rani, Adv. 5 Mr. Samanwaya Rautrey, Adv. Mr. Rohit Singh, Adv. Mr. Rajeev Singh, AOR For Respondent(s) Mr. Niranjan Sahu, AOR Ms. Shivangi Gupta, Adv. Mr. Dhananjaya Mishra, AOR Mr. Navneet Dogra, Adv. Mr. Shovan Mishra, AOR Mr. Prakash Ranjan Nayak, AOR Mr. Debasis Jena, Adv. Mr. Animesh Dubey, Adv. Mr. Pitambar Acharya, Sr. Adv, Advocate General Ms. Samapika Biswal, AOR Mr. Aman Kumar Yadav, Adv. UPON hearing the counsel the Court made the following 1. Leave granted. 2. The appeals are allowed in terms of the signed non-reportable judgment. 3. Pending application(s), if any, stand(s) disposed of. (DEEPAK SINGH) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [Signed non-reportable judgment is placed on the file]