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The Association Of Management Of vs The State Of Maharashtra on 9 September, 2014 cites

Jaya Gokul Educational Trust vs Commnr. & Secy. Government Higher ... on 11 April, 2000

"61 .......The State say that it has no funds to establish institutions at the same level of excellence as private schools. But by curtailing the income of such private schools, it disables those schools from affording the best facilities because of a lack of funds. If this lowering of standards from excellence to a level of mediocrity is to be avoided, the State has to provide the difference which, therefore, brings us back in a vicious circle to the original problem viz. The lack of State funds. The solution would appear to lie in the States not using their scanty resources to prop up institutions that are able to otherwise maintain themselves out of the fees charged, but in improving the facilities and infrastructure of State-run schools and in subsidizing the fees payable by the students there. " (emphasis added) 11 The reliance is also placed on the judgment in Jaya Gokul Educational Trust Vs. Commissioner & Secretary to Government Higher Education Department, Thiruvanthapuram, Kerala State & Anr 6, basically para-27 as under:-
Supreme Court of India Cites 18 - Cited by 356 - Full Document

Kusumam Hotels (P) Ltd vs Kerala State Electricity Board & Ors on 16 May, 2008

"36 The law which emerges from the above discussion is that the doctrine of promissory estoppel would not be applicable as no foundational fact therefore has been laid down in a case of this nature. The State, however, would be entitled to alter, amend or rescind its policy decision. Such a policy decision, if taken in public interest, should be given effect to. In certain situations, it may have an impact from a retrospective effect but the same by itself would not be sufficient to be struck down on the ground of unreasonableness if the source of power is referable to a statute or statutory provisions. In our 7 (2008) 13 SCC 213 38 / 41 ::: Downloaded on - 11/09/2014 23:48:20 ::: ssm 39 wp-5190.13gp-judgment constitutional scheme, however, the statute and/or any direction issued thereunder must be presumed to be prospective unless the retrospectivity is indicated either expressly or by necessary implication. It is a principle of the rule of law. A presumption can be raised that a statute or statutory rule has prospective operation only."
Supreme Court of India Cites 29 - Cited by 85 - S B Sinha - Full Document
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