Breaking News Allahabad High Court takes a tough stand on the...

Allahabad High Court takes a tough stand on the late fees charged by degree colleges from students

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Lucknow, Oct 19 (ILNS) The Lucknow Bench of the Allahabad High Court recently took a tough stand on the late fees charged by degree colleges from their students.

A Single Bench of Justice Vivek Chaudhary passed this order while hearing a petition filed by Ram Avatar Kalyani Devi Kanya Mahavidyalaya Thru Manager & Ors.

The writ petitions are filed by the petitioner colleges for quashing of the order dated July 04, 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 last date for deposit had expired.

The Court passed an interim order dated July 12, 2021, requiring the colleges to deposit only Rs. 250 per student as late fee for allowing students to appear in the examination.

Meanwhile, the University has also recalled its earlier order dated July 04, 2021, and permitted all the colleges to deposit only Rs. 250/- per student as a late fee.

The Court said that the University itself has modified its earlier order dated July 04, 2021, which stands complied in petitioners’ case also, therefore, there is no requirement for the 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 Court, while observing that the colleges have already complied and deposited the required late fee, as per the amended order of the University, directed the University to declare their result within ten days.

The Court pointed out that the fraud was being played by a large number of colleges. The colleges 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 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 Court further said that the 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 the students.

The Court also said that the Universities have not yet framed any specific provision providing that in such cases late fees and penalties 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 the 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 U.P. Civil Secretariat, Lucknow. Pankaj Khare, Additional Chief Standing Counsel will take appropriate steps for the same”, the order reads./ILNS/AP/ SNG/

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