KWANE ONYANGO NKRUMAH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is the Secretary of Kenya African Students Association (KASA) at Aurangabad (for short, hereinafter, "the Association" ). Present petition is filed as a public interest litigation on behalf of the said Association in the matter of hike of tuition fees. The said Association is a registered association and the petitioner is a Kenya national.

(2.) THE petitioner submits that there are about 700 students of Kenya and African countries taking education in the various faculties of the Dr. Babasaheb Ambedkar Marathwada University, Aurangabad (for short, "the Univeristy" ). These students are the members of the Association. It is further submitted that there are 250 students from Kenya who are either studying in Dr. Ambedkar Law College or the M. P. Law College at Aurangabad. The present petition is, therefore, filed for the benefit of 250 Kenyan Law students at Aurangabad.

(3.) THE petitioner states that till the academic year 1991-92 the tuition fees structure was common for the Indian students and foreign students studying in the Law faculty. It is submitted that from the academic year 1992-93, as per the directives of the State Government, the students other than the Indian students were given differential treatment in charging the tuition fees. It is submitted that in the academic year 1992-93 Indian students were charged Rs. 600/- whereas the foreign students were charged Rs. 1000/- towards tuition fees. In the year 1993-94 Indian students were charged Rs. 700/- whereas the foreign students were charged Rs. 2,000/ -. In the year 1994-95 it was increased to Rs. 800/- and Rs. 4,000/- respectively. Considering the ratio, there was hike of 14. 3% in case of Indian students, whereas it was 100% in case of students other than Indians. It is further submitted that in the year 1996 the respondent No. 2 State of Maharashtra directed to charge fees five times of the Indian students, in case of foreign students. This hike came into operation from the year 1997-98. The petitioner further submits that the tution fees in respect of L. L. M. Part I and Part II were also raised to Rs. 15,000/- from Rs. 3,000/- in case of foreign students. It is therefore, submitted that the hike in tuition fees was without any reasonable justification and it is exorbitant and unreasonable.