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2014 DIGILAW 366 (PNJ)

Shree Siddhivinayak Educational Trust v. State of Haryana

2014-02-13

G.S.SANDHAWALIA

body2014
JUDGMENT Mr. G.S. Sandhawalia, J. (Oral) - The present writ petition has been filed challenging the action of the respondent-University in charging Rs.500/- per annum for Youth Welfare Fund/fee from the students of Technical/B.Ed. Colleges on the ground that the same is illegal and arbitrary. 2. The sole argument which has been raised by counsel for the petitioner is that the Degree Colleges are being charged Rs.100/- whereas, the students of the University Institute of Engineering and Technology have been charged Rs.200/- whereas, the students of Technical, Professional and B.Ed. Colleges are being charged Rs.500/- per student out of which, certain percentages are to be retained by the said colleges and the rest is to be remitted to the Department of Youth and Cultural Affairs of the respondent- University. 3. Counsel for the petitioner could not point out that how the said charge is in violation of any statutory provisions and, therefore, this Court is of the opinion that the present petition at the instance of the institute is without any basis as the amount is to be paid by the students and, therefore, the locus of the petitioner is suspect. 4. A perusal of the letter dated 20.12.2013 would go on to show that the Institute has not deposited the sum of Rs.2,99,250/- for the year 2011- 12 and also a sum of Rs.4,05,375/- and a demand has been raised to deposit the same by the Department of Youth and Cultural Affairs, Kurukshetra University. Thus, it is apparent that this sum of approximately Rs.7,00,000/- is due from the institute, which seems to be the apparent reason for filing the present petition. 5. Counsel for the petitioner submits that the petitioner is willing to deposit the said amount. 6. However, this Court is of the opinion that once the charge is not violative of any statutory provisions of the University and the money is being spent upon the welfare activities pertaining to the organization of Zonal Youth Festivals, Inter Zonal Youth Festivals, Haryana Day Celebrations, Talent Search Competition, National and Inter-University Youth Festival and any other Cultural/Youth Activity, the locus standi of the petitioner-institute to question the said charge is not tenable. 7. 7. The difference in the fees charged from students of different institutes is also on the basis of different courses which the students are studying in and since the petitioner-institute is imparting education in technical courses, the fees charged would be more and, therefore, no fault can be found in the charge of Rs.500/- per annum towards the Youth Festival Fund. 8. Accordingly, there is no merit in the present writ petition and the same is dismissed in limine. ------------------