Allahabad High Court
C/M Ganpat Sahay P.G. ... vs State Of U.P. Thru. Prin. Secy. ... on 13 July, 2021
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 22
Case :- MISC. SINGLE No. - 14461 of 2021
Petitioner :- C/M Ganpat Sahay P.G. College,Payagipur Thru. Manager
Respondent :- State Of U.P. Thru. Prin. Secy. Higher Education,Lko.& Ors.
Counsel for Petitioner :- Amrendra Nath Tripathi
Counsel for Respondent :- C.S.C.,Prashant Kumar Tripathi
Hon'ble Ajay Bhanot,J.
Heard learned counsel for the parties through video conferencing mode.
The petitioner has assailed the enhancement of examination fee without amending the statute/ ordinances as required by Section 51 (2) (j) of the U.P. State Universities Act, 1973 read with Section 52 of the Act.
It is contended by Sri Amrendra Nath Tripathi, learned counsel for the petitioner that the controversy at hand has been settled by a judgment of this Court rendered in Writ C No. 42602 of 2019 C/M Jagdish Singh Mahavidyalaya and another Vs State of U.P. and others along with other companion writ petitions.
Sri Prashant Kumar Tripathi, learned counsel for respondent University does not dispute the fact that the enhancement of the examination fee is not supported by any amendment in the ordinances/ statutes of the University. In his usual fairness Sri Prashant Kumar Tripathi, learned counsel for the University also submits that the judgment of this Court rendered in C/M Jagdish Singh Mahavidyalaya (supra) is applicable to the facts of the case.
This Court C/M Jagdish Singh Mahavidyalaya (supra) upon consideration of good authorities sets its face against enhancement of examination fee without amendment to the statutes/ ordinances of the University by holding thus:
"In such view of the matter, as also in view of the adjudication earlier made by this Court, the objection raised on behalf of the respondents cannot be accepted. Since the decision by the University to enhance (examination) fee is not backed by any corresponding amendment or formulation of fresh ordinances, as such it is not found to be backed by required ordinance. The decision of the University to enhance (examination) fee is, therefore, unsustainable in law. Consequently, the decision of the University in that regard stands quashed. The students who have paid enhanced fee and are studying in the educational institutions concerned would be entitled to adjustment of extra fee charged from them in the coming sessions/semester. The educational institutions concerned shall inform all students in that regard by way of notice published on the notice board.
It goes without saying that it shall be open for the respondent University to amend its statutes/ordinances and to enhance fee as per law.
In light of the aforesaid observations/directions, all the writ petitions are disposed of. No order is passed as to costs."
In the wake of the preceding submissions, this Court finds that the controversy at hand is fully covered by the law laid down by this Court in C/M Jagdish Singh Mahavidyalaya (supra). The impugned order appended as annexure No. 1 to the writ petition is liable to be set aside and is set aside.
The writ petition is disposed of in terms of the judgment of this Court rendered in C/M Jagdish Singh Mahavidyalaya (supra).
Order Date :- 13.7.2021
Nadeem Ahmad
