Court No. - 19
Case :- WRIT - C No. - 17867 of 2021 Petitioner :- Kumar Anand And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikrant Pandey,Ashutosh Kumar Tripathi Counsel for Respondent :- C.S.C.,Pratik Chandra,Shiv Pratap Singh,Vivek Kumar Singh
Hon'ble Saurabh Shyam Shamshery,J.
Petitioners, student of respondent - College, are seeking following relief :-
"Issue a writ, order or direction in the nature of mandamus directing the respondent authorities not to realize hostel, mess and laundry fees from the students of respondent no.4 for the academic year 2020-21 under pressure and to return the amount taken from it by pressurizing the students who have taken rooms in the hostel but could not reside because of the spread of pandemic and lockdown as a consequential result."
This Court has passed the following order on 26.8.2021 :-
"Shri Shiv Pratap Singh, learned counsel for respondent No. 4 submits that 7 petitioners have already appeared in the examinations.
Shri Shiv Pratap Singh, learned counsel for respondent No. 4 in order to show the bona fides of the management submits that the institution is prepared to conduct special examination of two students who had failed to appear in the earlier examination despite being granted opportunities.
The petitioners No. 1 and 2 shall appear before the respondent No. 4/ Principal Shambhunath Group of Institutions on 02.09.2021.
The Principal shall thereafter make arrangements for holding fresh examination for the petitioners No. 1 and 2 and intimate the dates to them accordingly.
This is without the prejudice to the claim of the institution in regard to the non-payment of certain dues.
Sri Shiv Pratap Singh, learned counsel for respondent No. 4 shall file counter affidavit within two weeks.
Put up this matter on 22.09.2021 in the list of fresh cases.
Sri Prateek Chandra, learned counsel has put in appearance on behalf of respondent No. 2."
Learned counsel for the respondent - College has fairly submitted that petitioners are allowed to appear in examination and their result have also been declared, which is not disputed by learned counsel for petitioners. Leaned counsel further submitted that petitioners No.3 to 9 have already paid the fees, determined after giving certain discount after the above order was passed, by this Court. However, petitioners No.1 and 2 have not deposited fees till date.
The fact that petitioners No.3 to 9 have paid the entire fees, as mentioned above, is not communicated by learned counsel for petitioners during argument today and only when it is pointed out by learned counsel for the respondent - College, they admitted the same. This is nothing but concealment of a material fact. Learned counsel for petitioners has not come before this Court with clean hands.
So far as question of maintainability of this writ petition is concerned, learned counsel for petitioners has relied upon a recent judgment passed by the Hon'ble Apex Court in the case of Indian School, Jodhpur and another vs. State of Rajasthan and others, decided on May 3, 2021, wherein after hearing the parties, certain directions were passed.
Without going into the question of maintainability because certain directions were passed by this Court, as referred above, which were undisputedly honoured by the respondent - College also, therefore, this Court proposed to decide this writ petition.
In all 305 students were taking facility of the hostel and presently, case of only two students i.e. petitioners No.1 and 2, remains before this Court, who have not paid the fees after discount proposed by the College and admittedly, they sat in exam and cleared also.
In case, the prayer of petitioners is allowed at this stage, an adverse situation would arise where the respondent - College has to return the fee of remaining, about more than 300 students, which will not be in the interest of justice.
Everyone in this Country is effected by the Covid-19 Pandemic in one or other way, which includes the students as well as the College Management The petitioners - students have taken admission in the respondent - College with open eyes and have never disputed the fee structure earlier. It is also not in dispute that though hostel were closed still college are maintaining hostel and giving payment to its employee. College has granted discount on fee also.
Considering that petitioners have approached this Court to agitate their grievances about discount of fees due in Covid - 19 Pandemic considering that hostel were closed and classes were conduced online. Therefore, this writ petition is finally disposed of with the following directions :-
i) Petitioners no.1 and 2 are directed to pay their fees after the discount, which comes to amount of Rs.38,000/- within a period of four months from today and they can avail the facility of payment in four equal installments, if they so advise.
ii) The respondent - College will ensure that the petitioners are not discriminated or harassed for the reason that they have approached this Court agitating their rights.
iii) It is expected that petitioners - students will maintain discipline in the College and pursue their studies diligently.
iv) Respondent - College is directed to disclose fee component for every items for which, fee is demanded to ensure transparency.
With the aforesaid directions, the present writ petition is finally
disposed of.
Order Date :- 23.9.2021 Rishabh [Saurabh Shyam Shamshery, J.]