JAGDISH SINGH MAHAVIDYALAYA Vs. STATE OF U.P.

JUDGEMENT

(1.) This bunch of petitions have been filed by the educational institutions challenging enhancement of fee (examination fee) by the respondent University from the students without any decision taken to amend the statute/ordinance as is required by virtue of Section 52 of the U.P. State Universities Act, 1973.

(2.) It is submitted that the issue in that regard has already been settled by a Division Bench of this Court in M.J.P. Rohilkhand University and others vs. Self Finance College Welfare Association and others , 2015 (7) ADJ 709. The Division Bench has approved the reasoning assigned by this Court in the judgment delivered in Self Finance College Welfare Association and Another vs. State of U.P. and others , 2014 (4) UPLBEC 3339. Scheme of the Act has been noticed by this Court and following observations have been made in paragraph nos.13 to 15 of the judgment in Self Finance College Welfare Association and Another (supra):-

(3.) The reasoning in the aforesaid judgment has been affirmed in special appeal. However, the direction to refund the amount to students has been set aside on the ground that details of the students, to whom amount was to be refunded, were not available. Para 8 and 9 of the Division Bench judgment in M.J.P. Rohilkhand University and others (supra) are reproduced hereinafter:-