HC stays order on fee structure for Adesh varsity - ECAS Punjab

HC stays order on fee structure for Adesh varsity

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Tribune News Service

Chandigarh, June 19

The Punjab and Haryana High Court has stayed the operation of a corrigendum notifying reduced fee structure for Adesh University. The varsity has been asked to file an affidavit before the second counselling, undertaking to refund excess fee charged from students with 7 per cent annual interest in case its petition failed.

The directions by the Bench of Justice Jaswant Singh and Justice Sant Parkash came on the petition against the State of Punjab and another respondent by Adesh University and another petitioner through senior advocates Gurminder Singh and Jatinder Singh Gill.

The varsity had challenged an amendment vide notification dated April 17, whereby private universities like the petitioner-varsity were included in the definition of “Private Health Sciences Educational Institutions” to regulate the fee structure in supersession of the fee fixed by it.

The varsity had also challenged corrigendum dated May 19, whereby fee structure determined by it was deleted. In its place, reduced fee structure notified for other colleges/institutions was extended to the petitioner-varsity for admission to post-graduate courses. Its counsel pointed out that second counselling schedule had been notified and the last date fixed for expressing willingness to participate was June 24.

The Bench observed the counsel for the respondents was praying for additional time to file its affidavit, even though he was well aware of the urgency and strict time schedule to be adhered to and also the issuance of notice regarding interim directions.

The Bench added it was not in dispute that the petitioner being a private university created under an enactment by the State Legislature had been fixing fees in terms of the Adesh University Act, 2012. The “rates” were also approved by the State in each year of admissions to PG courses.

The Bench added the government could have objected to fees fixed by the university before the first Counselling, wherein concededly some admissions had been made on fee structure earlier approved by the State government and duly notified in the prospectus. The government ought not to have interfered/altered the conditions of the prospectus to the disadvantage of the parties/stakeholders.

“It would be just and proper that the admissions to PG courses be permitted to be made on the strength of the prospectus laying down the fee structure, which had been notified, advertised, adopted and followed, in the first counselling. Accordingly, operation of the corrigendum dated May 19 qua the petitioner-university is stayed,” the Bench ruled.

from The Tribune https://ift.tt/2NfKxLa

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