The Karnataka High Court has ordered that a student of an engineering college who was prevented from taking his examination because he had not paid his fees in time be allowed to sit for his papers.
The order was given by Justice Krishna S Dixit who agreed with the counsel of Mohammed Mustafa, a third semester student pursuing automobile engineering from a private college that no person should be put to disadvantage on account of poverty.
The court ruled that the student can take the exam after paying the prescribed fee along with the penalty, even after the deadline, as the Supreme Court has said no person can be punished because of poverty. Mustafa had filed a writ petition, seeking directives to authorities to allow him to write the exam, after he was denied the opportunity because he failed to pay the fee before the last date. His plea was opposed by the college which stated that a student who does not pay the fee on time is not entitled to write the exam or continue the course.
The advocate also contended that the period to pay the fee along with the fine had expired, and thus no relief could be granted. Mustafa’s counsel said the petitioner- student’s family has an annual income of Rs 22,000, and provided income certificate to support the claim. He said Mustafa would lose a precious academic year. After hearing the arguments of both sides, the court said that it is true that a student is normally required to pay the fee within the deadline.
However, in a country like ours, a section of the society suffers from poverty, the court said, asking the authorities to allow the student to write the exam after payment of the fee with penalty, if any.
—India Legal Bureau