Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
32. So far as the question as to whether Sabha is performing sovereign function or not is no longer res integra having regard to the decision of Apex Court in UNNIKRISHNAN V STATE OF A.P.2 wherein it has been clearly held that private institutions supplementing the state function though are not instrumentalities of the State but since they perform a public duty of imparting education, they are amenable to Articles 14 and 15 of the Constitution of India and they are bound to act fairly and in consance with Articles 14 and 15 of the Constitution as well as the conditions laid down by the State in matters of admission and charging of fee and that the private unaided/aided recognized/affiliated educational institutions conducting professional courses cannot charge a fee higher than that of fee charged by Govt. institutions and/or subject to a maximum limited fixed by the State. It is, therefore, not correct to contend that Sabha is performing any sovereign function. Its action is merely in aid of sovereign function.