ADITYA KASHYAP Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Does the lockdown imposed due to Covid-19 pandemic and resultant curtailment of educational facilities entitle the petitioners to a reduction in the fee chargeable for the academic session 2020-21, is the primary question which arises for consideration in this writ petition.

(2.) Related to this question is the issue of capacity of this Court to issue directions to an educational institution regarding the manner of reduction of fee.

(3.) Their regular classes were suspended w.e.f. 14/3/2020 on account of the Covid-19 pandemic. They were asked to vacate the hostel premises and to go home. On 12/4/2020, a notice was issued that regular online classes would be conducted w.e.f. 15/4/2020. Online classes were conducted, although, the case of the petitioners is that they were highly irregular and erratic. As the hostel premises had been vacated and academic activities had been curtailed, a representation dtd. 18/5/2020 allegedly signed by 726 students out of a total of 850 students of the University was submitted to the Vice Chancellor and others, requesting for reduction/waiver of fee under various heads. It was requested that part of the fee charged for the session February-2020 to May-2020 which remained unutilized be adjusted against the fee chargeable for the session August-2020 to December-2020. The fee chargeable for this session be also reduced as all facilities could not be availed by the students. Rebate in late fee was also sought. This was followed by an identical representation dtd. 25/5/2020 submitted to the Dean Students Welfare of the University. The said official replied on the same day and informed the applicants that their request would be placed before the appropriate authority shortly. The matter was, accordingly, placed before the Finance Committee which took a decision dtd. 20/6/2020 that annual increase of Rs.5,000.00 in tuition fee for the academic year 2020-21 would be waived and that mess charges would not be taken till the mess started functioning. On 27/6/2020, a notice was issued to the students to deposit the fee for the next semester in accordance with the prescribed schedule.