The Lucknow Bench of the Allahabad High Court came down heavily on degree colleges for delaying submission of examination fee to the University, leading to late fee charges, to be borne by the students, when it isn’t their fault.
A Single-Judge Bench of Justice Vivek Chaudhary passed this order on October 8, while hearing a petition filed by Ram Avatar Kalyani Devi Kanya Mahavidyalaya through its manager and others.
The Bench pointed out that fraud was being played by a large number of colleges, which collect fees 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 with the varsity in time. The amount is retained by the colleges in their bank accounts. This act amounts to playing fraud with both the students as well as the University concerned. Such activity should be immediately stopped, noted the Court.
The writ petitions are filed by the petitioner colleges for quashing of the order dated July 4, 2021, whereby a penalty of Rs 500 per student was imposed by the University upon the colleges for deposit of late fee as the examination fee was deposited by the colleges after the expiry of the last date for submission.
The Court passed an interim order on July 12, requiring the colleges to deposit only Rs 250 per student as late fee for allowing students to appear in the examination.
Meanwhile, the University also recalled its earlier order of July 4, and permitted all the colleges to deposit only Rs 250 per student as late fee.
The Court said the University itself has modified its earlier order, which stands complied in the petitioners’ case also, therefore, there is no requirement for passing of any further order with regard to late fees. The examination of students of the petitioner colleges, which the University has already taken, only result thereof is now required to be declared.
The Bench, while observing that the colleges have already complied with and deposited the required late fee, as per the amended order of the University, directed the varsity to declare their result within 10 days.
The Court said action in this regard ought to be taken by both the University as well as the state government. It has come before the Court that Universities charge late fees 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 students.
The Bench further said that the varsities 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.
The Court stated that unless the Universities clarify 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.
“Let a copy of the order be forwarded to the respondent no.1/ Principal Secretary, Department of Higher Education, Government of UP Civil Secretariat, Lucknow. Pankaj Khare, Additional Chief Standing Counsel, will take appropriate steps for the same,” the order read.