SMT. SAVITA SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who is a practising lawyer in District Courts at Kurukshetra and claims to be an active member of Women Wing of B.J.P. Kurukshetra, has filed this petition for quashing clause 6.12.9 of Admission Brochure-cum-Application Form C.E.T. - 1997 issued by Punjab Technical University, Jalandhar (for short, the University) for admission to Bachelor of Engineering (for short, B. Engg.) course imparted by Thapar Institute of Engineering and Technology (for short, 'the Institute') and also for quashing the Prospectus/Information Brochure published by the Institute for the session 1997-98 in so far as it pertains to tuition fee deposit and other dues. She has further prayed for issuance of a writ in the nature of prohibition restraining the respondents from charging more than Rs. 3,000/- p.a. as tuition fee and dues from the students of B. Engg. course. Still further, she has prayed for issuance of a mandamus to the Institute to refund the excess fee, if any, charged from the students.

(2.) The petitioner has averred that in terms of the direction given by the Supreme Court in Unnikrishnan J.P. and others v. State of Andhra Pradesh and others,1993 AIR(SC) 486, the Government of Punjab has laid down the fee structure regarding aided and unaided engineering colleges but in complete disregard of the policy circulars, Annexure P-1 dated 2.6.1993 and Annexure P-2 dated 15.9.1993, the Institute is charging huge fee from the students seeking admission in B. Engg. Course. She has further averred that as against the fee of Rs. 3,000/- prescribed by the State of Punjab, the Institute is charging Rs. 20,000/- p.a. as tuition fee and in this manner, the students are being fleeced and their parents are being subjected to harassment.

(3.) In the written statement filed on behalf of respondent No. 1, it has been averred that the Institute has been charging enhanced fee since 1994-95 and it has been allowed to do so in accordance with the policy of the Government of India, Ministry of Human Resources Development. According to respondent No. 1, the policy of the Government of India is to allow private educational institutions to generate their own resources and, therefore, no illegality has been committed by the institute by charging higher fee.