institution to
charge higher fee from the students, such a fee was not
tuition fee, but in fact a capitation fee.
The aforesaid decision ... called
permitted fees and to bar them from collecting anything
other than the permitted fees, which is what'Capitation
fees' means.The attempt
liberty to approve the fee structure or to propose some other fee which
can be charged by the institute. The fee fixed by the committee ... matter
of fixation of fee, there cannot be :
(a) a rigid fee structure (para 54)
(b) Such fees are to be fixed by the unaided
unaided institutions cannot be
regulated but no institution should charge capitation fee.
Q.6(a) Where can a minority institution be operationally
located? Where ... liberty to approve the fee structure or to
propose some other fee which can be charged
by the institute. The fee fixed by the
Committee
Regulation of fees, etc. - (1) It shall be
competent for the Government, by notification, to
regulate the tuition fee or any other fee or
deposit ... educational
Institutions (Prohibition of Capitation Fee) Act,
1984, the Government of Karnataka hereby fix the
Tuition Fee and other fees and deposits that
State can also, as a watchdog, ensure
that no capitation fee is charged from the students by the educational
institutions. It was submitted that contrary ... same can be regulated in the interest of
preventing profiteering. No capitation fee can be charged.
xx xx xx
144. The two Committees for monitoring
India, Arts. 44 and 15-Rule laying down that
no capitation fee should be charged from students-Bona fide
residents of Madhya Bharat-But capitation ... bona fide residents' of Madhya
Bharat no capitation fee should be charged. But for other
non-Madhya Bharat students the capitation fee should
Karnataka Universities Act') and Karnataka
Educational Institutions (Prohibition of Capitation Fee)
Act, 1984 (for short, 'Karnataka Capitation Fee Act'). The
Division Bench ... State
Universities Act and Sec.4(1)(b) of
the State Capitation Fee Act
empowering the universities and/or
the State Government
elaborate, learned senior counsel relied on definitions of
appropriate Government, capitation fee, child, child belonging to
disadvantaged group, elementary education, local authority and
school ... deals with fees reads as under:-
11. Fees:-
1. Fees charges should be commensurate with the
facilities provided by the institution. Fees should
normally
campus, preference to Buddhist and
other minority candidates.
NO CAPITATION FEE
(R.S. Vatsyayan)
Secretary"
4
4. The complainants, respondents herein, who have ... stated that in the
advertisement it was specifically mentioned "No Capitation
Fee". This obviously gave the impression that no capitation
fee would
development of Education
and expansion of the institution.
D. That profiteering/capitation fee in any form directly or
indirectly is forbidden for the management ... have the right to determine the scale
of fee but no capitation fee could be charged and fee structure was to be rational
without profiteering
