The Kerala High Court has directed the National University of Advanced Legal Studies (NUALS) to consider waiving of fees for Gym and Transit (Bus) facilities as these services are not at all being used by students amid suspension of physical classes.
The writ petition was filed by 28 students from the NULAS, who are from different semesters. They submitted that even though hough they were permitted to deposit fees in installments amid the Covid induced financial crisis, there was no reduction in fees.
Sri. Santhosh Mathew, learned counsel appearing on behalf of the petitioners submits that the University was burdening the students with the expenses of the tenders raised towards construction on campus. He argued that the principle of quid pro quo should govern any fee charged. Since physical classes were not in progress, the fee levied for gym, sports, fitness, moot court, student council, etc. was not justified.
Dr.Thushara James learned Government Pleader representing on behalf of respondent Nos.1 to 4 opposed the prayer by taking up the plea that in the notification dated 18.07.2020, Executive Council had already granted deduction on various heads like 25% on library fees, Information System Facility fee, Electricity Charges, Student's Welfare Fund, Medical/Gym/ Fitness fee, 30% on Sports & Games fee, Moot Court fee, bus fee, 50% reduction on Student's Council fee and debating Society fee.
It was not possible to further grant any reduction on the aforementioned amount as per Section 20 of the National University of Advanced Legal Studies Act,2005, empowering the Executive Council to manage and regulate finances, accounts, business and other administrative fares of the University and also to approve financial estimates of the income and expenditure of University. It is not appropriate to make a one-one comparison of fees receipts against usage.
The Petitioners had also relied on a recent verdict of the Calcutta High Court in Vineet Ruia v. Principal Secretary, Department of School Education, Government of West Bengal & Ors., whereby the fees charged by private schools in the State has been slashed by 20%.
To which the Kerala HC observed that "Calcutta High Court is based upon different facts, which cannot be taken as a precedent for the decision of the controversy involved herein.”
“It is also made clear that the council after the decision to fix a time will notify the time-line to students for availing of the new fees structure without insisting on payment of fine.”
- Kerala High Court.
The bench ordered “In peculiar facts and circumstances of the case, I am of the view that 100% reduction on these two heads should have been given. Accordingly, I direct the Executive Council to re-consider the issue regarding considering the 100% waiver on these two heads.”
The bench has directed the university to take a final decision within 15 days.
Read Order @Latestlaws.com
