JOGI K VARGHESE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) petitioners are the students of m.b.b.s. course. They are reading in various private medical colleges which have been impleaded as respondents herein. All these colleges are affiliated to either Bangalore or Mysore university.

(2.) the grievance of the petitioners is that the authorities of the respective colleges have been demanding from them arbitrary tuition fee for repeating the courses in particular subject/s so as to make them eligible for reappearing at the examination of such subject/s as 'failed candidates'. According to the learned counsel for the petitioners, though the right of the affiliated college to demand the tuition fee has been by and large settled by a bench of this court in the case of K.Rajashekar v Principal, adichunchanagiri institute of medical sciences, b.g. nagar and others , still the authorities are demanding the fee by setting out new interpretations to paragraph 6 of the government notification No. Hsw 102 msf 87, dated 5-6-1989 issued under Section 5(1) of the Karnataka educational institutions (prohibition of capitation fee) Act, 1984 (hereinafter referred to as 'the State Act').

(3.) the contentions raised on behalf of the petitioners in general are (i) tuition fee can be charged from the students as repeaters only if under the regulations of the university they are required to repeat the course for a particular duration in order to make them eligible for appearing at the examination of the subject concerned in which they have failed and not otherwise; and (ii) such repeaters' fee can be charged for treating both the papers of a subject as only one subject and not two subjects.