Supreme Court · 2017 INSC 705 · Decided 3 August 2017

Rustom Kerawalla Foundation v. State of Maharashtra and ORS.

Court
Supreme Court of India
Citation
2017 INSC 705 · [2017] 13 S.C.R. 330
Case number
CIVIL APPEAL No. 3696/2017
Decided
3 August 2017
Bench
ADARSH KUMAR GOEL, UDAY UMESH LALIT (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Constitution

Headnote

Maharashtra Educational Institutions (Prohibition of Capitation Fe'!) Act. 1987 - Appellant-Foundation runs a School - Whether the Appellants are entitled to take the entirety of lease rent into account while having the fee structure approved in terms of provisions of the Act and if not, correct approach - Held: Under sub-clause (b) to s.4(2) of the Act the State is empowered, to exclude certain expenditure in regulating fees collected by the educational institution - The exercise on part of State Government must be guided to arrive at a just balance between two essentials.

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