- (1.) Office orders dated 27.9.2012 and 9.5.2013 notifying the enhancement of examination fees by Chhatrapati Sahuji Maharaj University, Kanpur in respect of the students of under graduate level of the affiliated colleges from Rs.250/- to Rs.685/- and imposition of practical/oral examination fees of Rs.100/- per student is subject matter of challenge in the instant batch of writ petitions. In some cases, relief for quashing the decision of the Executive Council dated 30.3.2012, in pursuance whereof fees was enhanced, has also been sought. Since common questions of fact and law arise for consideration 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.) Chhatrapati Sahuji Maharaj University, Kanpur the university is an 'existing University' within the meaning of Section 2(8) of the Uttar Pradesh State Universities Act, 1973 the act. Until the year 2010, the University was charging examination fee of Rs.250/- per student uniformally from government aided colleges and colleges which do not receive grant-in-aid and are self financed institutions. For the academic session 2011-12, the University enhanced the examination fees for students of self financed courses to more than four times, whereas the fees for government aided colleges remained unchanged. It was subject matter of challenge in a writ petition Writ-C No.46324 of 2011 C/M Public Inter College Vs. State Od U.P. And Others. This Court being satisfied that the action of the University in imposing higher fee for students studying in colleges not receiving government aid is exfacie discriminatory, stayed the imposition of such fees. The Court, while granting interim order, noted the stand taken by the University that Executive Council, in its meeting dated 20.1.2012, had resolved to reduce the fees and the matter had been referred to the Finance Committee. It seems that thereafter the Finance Committee, in its meeting held on 28.3.2012, decided to charge a uniform examination fees of Rs.685/- from all students irrespective of whether they were studying in affiliated colleges receiving grant-in-aid or those which were being run under the self financed model. The decision of the Finance Committee dated 28.3.2012 was endorsed by the Executive Council in its meeting dated 30.3.2012. The decision in that regard was to be enforced since the academic session 2012-13, after the final decision in Writ-C No.46324 of 2011. Thus, the fees for the academic session 2011-12 remained unchanged. In view of it, the writ petition aforesaid was allowed on 29.8.2012 taking note of the decision of the Finance Committee. The enhancement of fee for the students studying in self financed courses was quashed. After the disposal of the writ petition, the decision of the Finance Committee dated 28.3.2012 and Executive Council dated 30.3.2012 were effectuated by issuing office order dated 27.9.2012 prescribing examination fee of Rs.685/-, and oral/practical examination fees of Rs.100/- per student. The aforesaid fee structure came into force from academic session 2012-13 and is in vogue as on date.
(3.) Later on, the Executive Council of the University imposed an additional fee of 5% of the fees realised, as administrative charges, on the students of self financed institutions. The same was again subject matter of challenge in several writ petitions before this Court and ultimately, the University was compelled to withdraw the impost in view of interim orders passed in those petitions.;