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2016 Supreme(All) 1638

ASHWANI KUMAR MISHRA
J. S. S. S. MAHAVIDYALAYA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Vijay Kumar Singh and Ramesh Chandra Tiwari for the Petitioners; C.S.C. and Vivek Verma for the Respondents.

JUDGMENT

Hon’ble Ashwani Kumar Mishra, J.—Cluster of colleges affiliated to Dr. Bhim Rao Ambedkar University, Agra, (hereinafter referred to as the ‘University’) have filed instant writ petition, questioning jurisdiction of the University to enhance examination fee, with retrospective effect. The challenge is also laid to such enhancement, on the ground that it is discriminatory, inasmuch as a higher rate is prescribed from the students of self-financed colleges vis-a-vis aided colleges, for which there exists no justification. It is stated that the decision taken by University is violative of Article 14 of the Constitution of India, and is liable to be quashed.

2. Records reveal that Finance Committee of the University resolved in its meeting dated 9.12.2011 to increase the examination fee for graduate and post graduate examinations conducted by the University. A recommendation was made in that regard to the Executive Council proposing enhancement of examination fee in respect of Government and aided colleges to Rs. 1,000/-, where there is no practical examination, and Rs. 1,200/- where practical examinations are to be held as per the course. In respect of self-financed colleges, t













































































































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