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2015 Supreme(All) 801

D. Y. CHANDRACHUD, YASHWANT VARMA
M. J. P. ROHILKHAND UNIVERSITY – Appellant
Versus
SELF FINANCE COLLEGE WELFARE ASSOCIATION – Respondent


Advocates:
Counsel :
Vivek Varma for the Appellants; C.S.C., D.K. Singh and V.K. Singh for the Respondents.

JUDGMENT

By the Court.—The special appeal has arisen from a judgment and order of the learned Single Judge dated 13 November 2014. By the judgment which is impugned in the special appeal, the learned Single Judge set aside a decision taken by the Executive Council of the M.J.P. Ruhilkhand University (University) to demand a payment of Rs. 500/- per student as a Development fee exclusively from students of self financed institutions. While allowing the writ petition, the learned Single Judge has directed the University to return the amount collected to the colleges with a further direction to the colleges to return such amount to the students concerned.

2. On 15 July 2013, the Executive Council of the University resolved to enhance the Development fee payable by every student of self financed institutions from Rs. 100/- to Rs. 500/-. These self financed institutions are unaided institutions which are affiliated to the University. The fee was sought to be challenged by an association representing the Managements of self financed institutions affiliated to the University. During the course of the proceedings, an affidavit was filed on behalf of the association setting out the names of











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