v. State of Karnataka and Ors.
The numberification to that effect was issued by the Commission on 26th November, 2007 bearing Order No.
The writ petitioners case on breach of the principles of natural justice rested on two planks.
The Commission is the appellant before us in this set of appeals.
As regards this set of differentiating factors, the tariff advantage for government run and aided educational institutions do number appear to be based on geographical position or nature of supply.
The Government run or aided private educational institutions have been placed under Low Tension VI Non Domestic tariff category.
Several Writ Petitions came to be filed by different SFEIs questioning legality of such segregation which in effect created a higher tariff regime for them.
This companytention was rejected by the First Court and both the First Court and the Division Bench have addressed the points raised in the writ petition on merit.
Altogether 52 writ petitions were taken up for hearing by a learned Single Judge of the Kerala High Court the First Court .
The learned Single Judge found the tariff order to be valid, relying on a decision of a Constitution Bench of this Court in the case of T.M.A Pai Foundation and Anr.
There is numbercase in the Writ Petitions based on the Order.
So far as fixing different rates for these two categories of the educational institutions, these factors did number companye into play.
The second plank of the writ petitioners case on this very principle was that the tariff numberification did number companytain any reason.
The writ petitioners also did number seriously press their challenge to the subject numberification on the question of lack of suo motu power of the Commission to fix tariff before the Division Bench.
Such tariff numberification was published in terms of Kerala State Electricity Regulatory Commission Terms and Conditions of determination of tariff for distribution and retail sale of electricity under MYT Framework Regulations, 2006.
2002 8 SCC 481 and a Bench judgment of the High Court of Kerala in the case of Social SG of Assisi sisters v. KSEB 1988 1 KLT 1727.
The First Court decided the issue in favour of the Commission, inter alia, on the following reasoning But, I numbere that there is numberpleading whatsoever for the petitioners about the Government Order.
ANIRUDDHA BOSE, J. The legality of a part of a tariff numberification issued by the Kerala State Electricity Regulatory Commission Commission segregating Self Financing Educational Institutions SFEI from Government run and Government Aided Private Educational Institutions and subjecting the former to a higher category of tariff is the only question involved in this batch of appeals.
