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2015 DIGILAW 3415 (ALL)

U. P. Private Colleges Association (Uppca) Kanpur Road Lko. v. State of U. P.

2015-10-30

DEVENDRA KUMAR UPADHYAYA

body2015
JUDGMENT Devendra Kumar Upadhyaya, J. Heard learned counsel appearing for the petitioners, Sri Manish Kumar, learned counsel appearing for the Dr. A.P.J. Abdul Kalam Technical University, Lucknow, Sri Arun Pratap Singh, learned counsel appearing for the Union of India and learned Standing Counsel appearing for the State-respondents. 2. This bunch of writ petitions engages attention of this Court in respect of the grievance of institutions imparting education to the students belonging to the Scheduled Caste and Scheduled Tribe in certain courses leading to award of degree by Dr. A.P.J. Abdul Kalam Technical University, Lucknow and various other Universities of the State of U.P. 3. At present, the petitioners confine their prayer in respect of fee reimbursement to the students pursuing the courses which are recognized and affiliated by the Dr. A.P.J. Abdul Kalam Technical University. In respect of other Universities, this Court is not adjudicating upon the issue and for the said purpose, it will be open to the petitioners to take appropriate legal recourse at the appropriate time. 4. The petitioners have claimed that the students in their institutions were admitted on 'zero fee basis' in accordance with the U.P. Schedule Caste/Scheduled Tribe Post Metric Scholarship Scheme Rules, 2012. As per the provisions contained in the said rules, the students belonging to the Scheduled Caste/Scheduled Tribe category are to be given admission by the Management of the institutions free of charge i.e. 'on zero fee basis' and fee in respect of such students who are eligible under the said rules is to be reimbursed by the State Government. The students were required at the time of their admission with the institutions to give undertaking or to enter into an agreement that they will pay the fee once it is reimbursed to them by the Government. 5. It has been submitted by the learned counsel appearing for the petitioners that after admitting a large number of eligible students belonging to the Scheduled Caste/Scheduled Tribe category, who are eligible to be given the benefit of fee reimbursement, the relevant documents and data have been made available to the State Government for reimbursement of fee, however, fee has not been reimbursed, as such, it is not only the institutions, but the students as well who are faced with the problem for the reason that the University which has to hold the examination is insisting for depositing the examination fee. The students can be permitted to appear in the examination for the academic session 2015-2016 only once the examination fee, along with fulfillment of all other requisites including filling the examination forms, is deposited. It has further been contended that the University is not accepting the examination forms without deposition of the examination fee which is to be done on the basis of Challan which has been generated on submission of examination form on-line. 6. In a similar situation, for the academic session 2014-2015, this Court in Writ-C No. 53680 of 2014, Ramnath Maha Vidyalaya Newada Basna & Another Vs. State of U.P. and 2 others, passed the following order: - "Pursuant to the previous orders passed by this Court, a compliance affidavit has been filed by the State annexing therewith a Government Order dated 17th November, 2014, whereby a direction has been issued to all the Universities as well as the Director of High Education to accept examination forms of Scheduled Castes and Scheduled Tribes students, who have been admitted under zero fee category, without insisting upon charging of examination fees. The Government Order further provides that as soon as, the fees reimbursement is released by the State and it reaches the account of the student and through him to the institution, it shall be the concern of the institution thereafter to forthwith transmit the examination fees to the examining body. Sri A.K. Pandey, learned Additional Advocate General, assisted by Sri Q.H. Siddiqui, learned Chief Standing Counsel and Dr. Y.K. Srivastava, learned Standing Counsel, states that the Government Order dated 17th November, 2014 has been circulated to all the Universities as well as the examining bodies, and as a consequence, the examination form of the students belonging to Scheduled Castes and Scheduled Tribes category, who are covered under the scheme of the State Government for fees reimbursement, would not be required to deposit any examination fees and their examination forms shall be accepted by the examining body. Learned Additional Advocate General, on the basis of instructions, further states that similar instructions in the light of the Government Order dated 17th November, 2014, shall be issued by the Department of Technical Education also, within a week from today. In view of the statement and undertaking, so given on the basis of Government Order dated 17th November, 2014, no grievance survives for adjudication by this Court. In view of the statement and undertaking, so given on the basis of Government Order dated 17th November, 2014, no grievance survives for adjudication by this Court. The writ petition is, accordingly, disposed of." 7. In the aforesaid order dated 19.11.2014, passed by this Court in the aforesaid writ petition, it has been observed that the State Government had issued a Government Order dated 17.11.2014, directing the authorities of the Universities to permit the students to appear in the examination without deposition of the fee and once the fee is reimbursed, the same would be deposited by the institutions, after realizing the same from the students, with the University concerned. 8. On the basis of the aforesaid Government Order dated 17.11.2014, the Finance Officer of the Dr. A.P.J. Abdul Kalam Technical University, Lucknow had issued a Circular on 25.11.2014. 9. The Division Bench of this Court in the case of Pt. Ram Nagina Smarak Mahavidyalaya Jokahara and 3 others Vs. State of U.P. and 3 others (Special Appeal No. 757 of 2014), passed an order on 20.08.2014, the operative portion of which is as under: - "Considering the facts and circumstances of this case, it is directed that the appellants-colleges shall not be liable to pay the examination fees for the Scheduled Castes and Scheduled Tribes students, who have been admitted as per the Rules of 2012, if they have not been reimbursed the fees for such students by the State Government as per the said Rules. It is further provided that the State Government shall ensure that the reimbursement of fees as per the Rules of 2012 is made to the colleges at the earliest so that thereafter the examination fees for such students may be deposited by the colleges with the University." 10. Learned counsel for the petitioners has produced yet another order dated 12.10.2015, passed by this Court in Writ-C No. 58207 of 2015, C/M Basdevi Singh Mahila Mahavidyalaya Trwai, through Manager Vs. State of U.P. & 2 others, wherein it has been provided that the University shall accept the examination form of the students of the petitioner institutions without insisting on deposit of examination fee as a condition precedent for acceptance of the examination forms. It has further been provided that the said benefit shall only be available in respect of Scheduled Caste and Scheduled Tribes candidates. It has further been provided that the said benefit shall only be available in respect of Scheduled Caste and Scheduled Tribes candidates. The Court further directed that as and when the students are reimbursed by the State Government, the petitioner institution will make over the examination fee to the University. The operative portion of the said Judgment is as follows: - "In the meantime, keeping in view the submissions made above, it is hereby provided that the third respondent shall accept the examination form of the students of the petitioner institution without insisting on deposit of examination fee as a condition precedent for acceptance of the examination forms. This benefit shall only be available in respect of Scheduled Caste and Scheduled Tribes candidates. It is further provided that as and when the students are reimbursed by the State Government, the petitioner institution will make over the examination fee to the respondent university. This is without prejudice to the right of the university to satisfy itself that the examination forms are otherwise in order". 11. Learned Standing Counsel on the basis of instructions received from the Deputy Director in the department of Social Welfare, Government of U.P. , who is also present in Court, has submitted that the process for reimbursement of fee to the students is a lengthy process for the reason that it requires verification of the genuine and eligible students as per the terms and provisions of the rules, hence the process is likely to be completed by 31.01.2016. 12. Keeping in view the entire facts and circumstances of the case, the Court feels that no purpose would be served in keeping these writ petitions pending. Accordingly, the writ petitions are finally disposed of with the direction that Dr. A.P.J. Abdul Kalam Technical University, Lucknow shall accept the examination forms of the students of the members of the Uttar Pradesh Private Colleges Association [Writ petition No. 5984 (MS) of 2015] as also the students of other petitioner institutions without insisting on deposit of examination fee as a condition precedent for acceptance of the examination forms. This benefit will only be available in respect of Scheduled Caste and Scheduled Tribes candidates. It is also directed that as and when the fee is reimbursed to the students by the State Government, the petitioner institutions shall realize the same and make over the examination fee to the University forthwith. 13. This benefit will only be available in respect of Scheduled Caste and Scheduled Tribes candidates. It is also directed that as and when the fee is reimbursed to the students by the State Government, the petitioner institutions shall realize the same and make over the examination fee to the University forthwith. 13. At this juncture, Sri Manish Kumar, learned counsel appearing for the University has submitted that the University is facing paucity of funds for the reason that it does not receive sufficient funds from the State Government and in such a situation, the insistence on acceptance of the examination forms without deposition of fee would not be warranted. To allay the apprehensions of the learned counsel appearing for the University, it is provided that degree to the students who are to be admitted for the examination on the basis of the present order shall be awarded to them only once the entire examination fee is deposited by the institutions or the students. It is also observed that the determination of eligibility of the students to be given the benefit of fee-ship is to be done strictly in accordance with rules and the students who are admitted in the examination under the present order of this Court if ultimately are not found eligible to be given the benefit of the fee-ship, shall be personally liable to make payment of the examination fee. 14. Costs made easy.