- (1.) The challenge in this batch of writ petitions is to the enhancement of the examination fees of different courses in Veer Bahadur Singh Purvanchal University, Jaunpur. Since common questions of fact and law are involved and therefore, with consent of learned counsel for the parties, these writ petitions were heard together and are being decided by this common judgment.
(2.) Veer Bahadur Singh Purvanchal University, Jaunpur (the University) is a State University governed by the Uttar Pradesh State Universities Act, 1973 (the Act). On 5.4.2013, the Finance Committee of the University passed a resolution proposing to enhance examination fee from Rs.950/- to Rs.1400/- for B.A., B.Sc., B.Com., B.Sc. (Agriculture) and likewise similar proportionate enhancement for other courses since the academic session 2013-14. The Executive Council of the University on 23.4.2013 approved the proposal of the Finance Committee. The University notified the enhancement of the examination fees on its official website on 9.7.2013 and started charging the same. The petitioners, who are mostly self financed institutions affiliated to the University and in some of the writ petitions, the students studying in these institutions, have preferred these petitions questioning the enhancement of the fees.
(3.) The contention of the petitioners is that without framing a valid Ordinance as provided by Sections 51 and 52 of the Act, the action of the University in seeking to realise enhanced examination fees is without the authority of law. It is submitted that the enhancement of fee can only be made by framing an Ordinance under Section 51 (2) (j) of the Act. According to the petitioners, such an Ordinance could only be made with the approval of the State Government, which in the instant case has not been obtained. Consequently, the decision of the Executive Council on basis of which the University is seeking to realise enhanced examination fee cannot amount to a valid Ordinance having been framed as per the procedure prescribed under Section 52 nor could the same be enforced.;