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1 - 4 of 4 (0.21 seconds)Article 14 in Constitution of India [Constitution]
Committee Of Management, Raja Mohan ... vs State Of U.P. And Others on 7 October, 1998
8. On the strength of the aforesaid provision, it is contended that unless ordinances are framed, in accordance with law, making specific provision for charging of development fee, the decision to charge the amount itself is in excess of jurisdiction. Reliance has been placed upon the decision of this Court in Committee of Management Public Degree College and others Vs. State of U.P. and others: 2012 (5) ESC 3015. Para 8 of the judgment has been relied upon, which is reproduced:-
Municipal Council Waraseoni And Anr vs Satish Chandra Jain And Anr on 15 November, 1995
14. The argument of Sri Vivek Verma that source of power for levy of development fee can be traced from section 21(1)(viii) also cannot be accepted. Section 21 deals with the powers of the Executive Council. Section 21(1)(viii) deals with fixation of fee, emoluments and travelling and other allowances of the examiners only. The power to levy development fee from students of the self financed colleges cannot be traced to section 21(1)(viii) of the Act. So far as the judgement of Hon'ble Single Judge in writ petition no.67119 of 2011 is concerned, it may be noticed that the specific issue requiring adjudication by this Court was not the question under consideration therein. Moreover, the provisions, which have been noticed above, were not pressed, and therefore, the judgement delivered in that matter cannot come to the rescue of the respondent university. The judgement of Hon'ble Supreme Court in Municipal Council (supra) also has no applicability to the facts of the present case inasmuch as the judgement of the Apex Court dealt with the fixation of fee by the municipality and the question was as to whether the levy was a fee or tax. The judgements relied upon by Sri Vivek Verma, therefore, have no applicability to the facts of the present case.
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