Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANASH RANJAN PATHAK, J.
Kalyan Buragohain And Anr – Appellants
Versus
The State Of Assam And 5 Ors – Respondents
WP(C) 300 of 2023
Decided on : 27-01-2023
ADMISSION FEE - EDUCATION LAW - BAR COUNCIL OF INDIA ACT, 1961 - The court discussed the provisions related to admission fees and the implications of non-payment within the stipulated time. It highlighted that the delay of one day in payment should not result in the loss of an academic year, especially when the college did not return the admission fee. The court emphasized the need for a fair consideration of circumstances surrounding the delay, ultimately leading to the decision to allow the petitioners to take their examinations despite the college's initial refusal.
Fact of the Case:
The petitioners, students of the 3-year LL.B. course at BRM Government Law College, were categorized as Non-collegiate for failing to deposit their admission fee by the deadline of 29.10.2022. They deposited the fee on 31.10.2022, after facing financial difficulties, and sought to challenge the college's decision to bar them from filling examination forms.
Finding of the Court:
The court found that the petitioners' delay in payment was only one day and not deliberate. It noted that the college had not returned the admission fee and that the petitioners would lose an academic year due to the college's rigid stance. The court concluded that the college's actions were arbitrary and unjust.
Issues: Whether the petitioners should be allowed to take admission despite the one-day delay in payment of the admission fee and whether the college's categorization of them as Non-collegiate was justified.
Ratio Decidendi: The court held that a minor delay in payment should not result in severe academic consequences, especially when the college had not returned the admission fee. The court emphasized the importance of considering the circumstances of the delay and the principle of fairness in educational administration.
Final Decision: The court quashed the college's notice categorizing the petitioners as Non-collegiate and directed the college to allow them to take the 3-year LL.B. 5th semester examination.
ORDER :
MANASH RANJAN PATHAK, J.
1. Heard Mr. P R Sarma, learned counsel for the petitioners and Mr. K Gogoi, learned Standing counsel, Higher Education Department, Assam for the respondent Nos. 1 to 3.
2. Petitioners herein are the students of three years LL.B. course in Bishnu Ram Medhi Government Law College at Panjabari, Guwahati (hereinafter referred to as said college/BRM Government Law College) and are pursuing their 5th semester in that course. Petitioner No. 1’s Roll Number is 39 and that of the petitioner No. 2 is 102 in their three year LLB course in the said college.
3. The authorities of the said BRM Government Law College vide No. BRMGLC.Notice/2002/2022-23/652/653 dated 19.09.2022 notified its students that Rs. 2000/-has been enhanced in the existing fees structure for the academic session 2022-23 as affiliation Fee to Gauhati University and Bar Council Fee and that said one time enhancement has been incorporated as directed by resolution of a meeting convened by the teaching and non-teaching staff of said college on 14.07.2022 in presence of its Principal.
4. By a notice dated 21.09.2022, the Principal of BRM Government Law College notified its eligible students to take admission into 3 year LLB, 3rd & 5th semester, 5 year B.A. LLB, 3rd, 5th, 7th & 9th semester and LLM, 2nd & 4th semester for the academic session 2022-23 on or before 30.09.2022.
5. By another notice dated 29.09.2022 the Principal of said college notified its eligible students to take such admission for the academic session 2022-23 by extending the date upto 17.10.2022 clarifying that no student will be allowed for such admission for the session 2022-23 after 17.10.2022.
6. Further, by a notice dated 19.10.2022, the Principal of said college extended the last date of admission of various semesters of 3 year LLB and 5 year B.A. LLB and LLM courses 2022-23 up to 29.10.2022.
7. Both the petitioners on 31.10.2022 deposited Rs. 8,500/-in the Canara Bank Account No. 24321010000181 of the BRM Government Law College by depositing such amount in the Panjabari and CBSE Main Branches of said Canara Bank, respectively, pursuant to which the concerned branches of said Canara Bank had given duly signed receipt foil to the petitioners, respectively.
8. It is submitted that the Principal of said BRM Government Law College vide Notice under No. BRMGLC/Notice/2022/808-809 dated 22.12.2022 notified the Roll Numbers of its students of different semesters of 3 year LL.B. and 5 Year B.A., LL.B. courses who have not taken admission for the session 2022-23, in 3 year LL.B. 5th Semester course, including the Roll Numbers 39 and 102 that belong to the petitioners, respectively, categorizing them to be Non-collegiate.
9. Further, the Principal of the college on 28.12.2022 issued a notice notifying the Roll Numbers of its 3 year LL.B. 5th semester who were not allowed to fill examination forms for the End Semester Examination, 2022 that includes Roll Nos. 39 and 102 of the petitioners.
10. Petitioners have also brought to the notice of the Court that the Gauhati University on 11.01.2023 have notified the programme of 3 Year LL.B./LL.B (Honours) Course, Fifth Semester Examination, 2022 to be held in the afternoon from 01:00 PM to 04:00 PM from 3rd of February, 2023.
11. Said BRM Government Law College is affiliated to Gauhati University. As the authorities of said college did not allow them to fill up their forms for their ensuing 3 year LL.B. 5th End Semester Examination, 2022 since the authorities concerned of said college on 22.12.2022 have notified that the petitioners have not taken admission for the academic session 2022-23, holding them to be Non-collegiate, as such they submitted that such actions on the part of the authorities of said BRM Government Law College are arbitrary and illegal.
12. Petitioners stated that Students Union of said college requested its Principal to extend some more time to deposit the requisite admission fee, but the authorities of the college did not co
A minor delay in the payment of admission fees should not result in the loss of an academic year, especially when the institution has not returned the fees and the delay is not deemed deliberate.
Denial of admission on technical grounds, such as non-payment of fees due to circumstances beyond the student's control, may result in great injustice and is deemed improper.
The court upheld the cancellation of LLB admission due to non-compliance with eligibility criteria, holding the Law College accountable for the illegal admission and awarding compensation.
The court emphasized the importance of meeting specified deadlines and the validity of rejection based on late payment of fees, highlighting the principle of adherence to prescribed timelines in affi....
Court found that a medical college's appeal against earlier fee fixation orders lacked transparency and procedural integrity due to undisclosed prior litigation, ultimately affirming the initially se....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
