V B S SINGH PURVANCHAL UNIVERSITY AND 2 OTHERS Vs. SHAHID AKSHAYVAR MALL MAHILA MAHAVIDYALAY AND 3 ORS

JUDGEMENT

(1.) Veer Bahadur Singh Purvanchal University, Jaunpur through its Registrar and two others are before this Court assailing the validity of the order dated 20.5.2016 passed by the learned Single Judge in bunch of writ petitions the leading one being Writ Petition No. 5520 of 2016 (C/M Shahid Akshayvar Mall Mahila Mahavidyalay & 2 Ors. Vs. State of U.P. & Ors.) wherein writ petitions in question have been allowed with a direction to refund the enhanced amount of examination fee.

(2.) Brief background of the case, as is emanating from the record in question, is that under U.P. State Universities Act, 1973, Veer Bahadur Singh Purvanchal University, Jaunpur (hereinafter referred to as the "University"), has been established and the said University through its Finance Committee on 5.4.2013 passed a resolution proposing for enhancement of fee. The petitioner respondents, who are mostly self financed institutions affiliated to the University and in some of the writ petitions, the students studying in these institutions, have preferred writ petitions questioning the enhancement of the fees with a submission that without framing a valid Ordinance, as provided by Sections 51 and 52 of the Act, the action of the University in seeking to realise enhanced examination fees, is without the authority of law. It has also been submitted that the enhancement of fee can only be made by framing an Ordinance under Section 51 (2) (j) of the Act. According to the petitioners, such an Ordinance could only be made with the approval of the State Government, which in the instant case has not been obtained. Consequently, the decision of the Executive Council on basis of which the University is seeking to realise enhanced examination fee cannot amount to a valid Ordinance having been framed as per the procedure prescribed under Section 52 nor could the same be enforced.

(3.) The institutions and the incumbents, who have been pursuing various courses, at said juncture, preferred the respective writ petitions in question before this Court and the said writ petitions in question have been allowed and thus giving occasion to the University concerned to prefer present special appeal before this Court.