IMPORTANT POINT
The central legal point established in the judgment is the obligation of educational institutions to provide affordable education and protect the dignity of students, as well as the charitable nature of education as a service to the community.

ORDER :

1. Heard Mr. B. Akash Kumar, learned counsel for the petitioner, learned Government Pleader for Education appearing on behalf of Respondent Nos. 1 and 3 and Mr. Ch. Jaganatha Rao, learned Standing Counsel appearing on behalf of the 2nd Respondent.

2. The petitioner has approached the Court, seeking the following relief:

“To issue a writ, or order or direction, more particularly one in the nature of Writ of Mandamus, declaration and direction, thereby, declaring the Notification No. 956/UG/Sem/Exams/2022 dated 05.12.2022 issued by the Respondent No. 2 insofar as it imposes penal fees of Rs. 10,000/- per paper for students of academic year 2017-18 for clearing backlog papers, as arbitrary, unjust, violative of Articles 14 and 21 of the Constitution of India and set aside the same and consequentially direct the Respondent No. 2 to collect reasonable penal fees from the students for clearing backlog papers.”

PERUSED THE RECORD.

3. Counter affidavit has been filed by the 2nd Respondent, in particular, Paras 5, 6, 7 and 8 as it is read as under:

“5. In response to the Para 16 of the affidavit I submit that the penal charges of Rs. 10,000/- per paper has been given as per the University Standing committee of the Academic Senate Order vide letter No. 870/Acad. I/2022, dated 14-11-2022 to facilitate the students to complete their course. It is also submitted that the one-time chance is given by the University beyond the regular duration with an intention to help the students to clear their backlogs. However, the University has to incur huge expenditure for conducting these examinations by way of paying remuneration to preparation and verification of examination application forms (EAF), scrutiny and approval of EAF's preparation of Hall Ticket, D-Forms, Attendance sheets, question paper setting (Two sets), Translation, printing, moderation, proof reading, constituting centers, centre charges, remuneration to Chief Superintends, Stationery, Invigilators, Sitting Squad, Flying Squad, observer, logistic charges, paper receivers, scanning, valuation of answer scripts, results processing, certificates printing, etc. As the number of students appearing for these examinations is less comparatively with those of regular examinations the scale of expenditure is high for these examinations, to bear the increased expenditures, the University has to collect additional charges.

6. In response to the Para 17 and 18 of the affidavit I submit that while conducting Annual Backlog Examinations during the Annual year 2022, initially the examination fee notification was issued only to the eligible candidates, Fee Notification No. 716/UG/CBCS/Semi VI/Reg/Back/Exams/2022, dated 21.05.2022. However, on the requests of various stake holders, the University has extended and notification to 2016-2017 batch including YWS to Sem Re-admitted candidates Fee Notification No. 717/UG/CBCS/Sem-I-VI/Backlog/Exams/2022, dated 02.06.2022 to clear their backlog examinations. Keeping in view of CORONO PANDEMIC period time during the 2020 to 2022, which is catastrophic event caused economically huge losses to every individual and families. Sympathetically looking into this situation, the penal fee of Rs. 1000/- per paper was charged in 2022 by the University, Examination fee Notification No. 717/UG/ CBCS/Sem-I-VI/Backlog/Exams/2022, dated 02.06.2022. Whereas, for the annual year 2023 examinations the situation was normalized from PANDEMIC, subsequently the notification No. 956/UG/Sem/Exams/2022 dated 05.12.2022 was issued with a penal fee of Rs. 10,000/- per paper as per the University Standing Committee of Academic Senate orders in the year 2023 to extend the chance to clear backlog exams for the students those who have crossed (5) years, i.e. 3+2 years as a one-time chance vide letter No. 870/Acad.I/2022, dated 14.11.2022.

7. In response to the Para 19 of the affidavit I submit that the action of University in charging penal fee is not contrary to the Judgment of Hon’ble Su