Allahabad High Court
Sushila Verma Memorial Girls ... vs State Of U.P. Thru. Prin. Secy. ... on 26 April, 2022
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 21
Case :- WRIT - C No. - 2342 of 2022
Petitioner :- Sushila Verma Memorial Girls Degree College Thru. Manager Sapna Verma And 8 Others
Respondent :- State Of U.P. Thru. Prin. Secy. Higher Education And Another
Counsel for Petitioner :- Vinay Kumar Singh,Shiv Sharan Lal Maurya
Counsel for Respondent :- C.S.C.,Savitra Vardhan Singh
Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1 and Sri Savitra Vardhan Singh, learned counsel for respondent no.2-University.
Learned counsel for the petitioner after arguing at some length confines his prayer to the petitioners being given time to deposit the examination and degree fee within ten days from today.
The same is objected to by Sri Savitra Vardhan Singh, learned counsel for the University, on the ground that the last date fixed for deposit of the said fee was 13.04.2022.
However, the Court is of the view that once the interest of the students is involved and in case examination and degree fee are not deposited, it would entail the students being prevented from appearing in the examination. As such, it is provided that in case the petitioners deposit the examination and degree fee by today i.e. on 26.04.2022 alongwith late fee of Rs 500 per student then respondent no.2 shall accept the same by making adequate arrangements on their portal.
It is also provided that the petitioner institution shall not charge the late fee from the students.
The Court also notices that repeated petitions are coming before this Court for deposit of examination and degree fee despite last dates fixed in this regard. The Court has been entertaining such petitions seeing the overall interest of students but now it appears that a floodgate of such type of litigation has opened.
Shri Savitra Vardhan Singh, learned counsel appearing for the University points out that the institutions generally collect the fee from the students and tend to submit it by the last date fixed or try to submit it even beyond the last date by filing petitions before the Court. It is contended that they try to take financial advantage of the aforesaid amount which is taken from the students at one go and then sought to be deposited belatedly. He has invited attention of the Court towards the judgement of this Court passed in a bunch of writ petitions leading being Writ Petition no. 14258 (MS) of 2021 in re: Ram Avatar Kalyani Devi Kanya Mahavidlaya and others vs State of U.P. and others passed on 08.10.2021 to contend that this aspect of the matter has been considered by this Court and directions have been issued to both the University and the State Government. He contends that the said directions may also be given in this case.
Heard learned counsel for the parties and perused the record.
This Court in the case of Ram Avatar Kalyani Devi Kanya Mahavidlaya (Supra) has held as under:
"4. Before parting with the case, the Court would like to point out the fraud being played by large number of colleges. The colleges collect fee from their students for the entire year, including the examination fee required to be deposited by them with the University. However, the examination fee is not deposited by them with the University in time. The amount is retained by the colleges in their bank accounts. This act amounts to playing fraud both upon the students as well as upon the University concerned. Such activity should be immediately stopped. The action in this regard ought to be taken by both, the University as well as the State Government. It has come before this Court that Universities charge late fee from the erring colleges. In absence of any specific provisions, the colleges transfer the said late fee upon the students, while there is no fault of the students. The Universities have not yet framed any specific provision providing that in such cases late fee and penalty would be imposed upon the colleges only, which they would be barred from recovering from their students. The Universities should specifically provide such a provision before opening of any academic session. Unless the Universities clarifies the same, it is very difficult to stop this fraudulent practice adopted by the colleges. It is expected that the Universities as well as the State Government shall expeditiously look into the matter.
5. Let a copy of this order be forwarded to the respondent no.1 Principal Secretary, Department of Higher Education, Government of U.P. Civil Secretariat, Lucknow. Mr. Pankaj Khare, learned Additional Chief Standing Counsel will take appropriate steps for the same."
This Court directs the respondents to act in accordance with the judgment of this Court in Ram Avatar Kalyani Devi Kanya Mahavidlaya (Supra) and take appropriate action against the institutions concerned.
Let certified copy of this order be made available to the petitioner today itself on payment of usual charges.
Shri Savitra Vardhan Singh, learned counsel for the respondent University shall inform about this order to authorities concerned without waiting for certified copy of this order.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 26.4.2022
J.K. Dinkar
