The Colleges collect the fees from the students for the entire year including the examination fee which is to be deposited with the universities in due time by the colleges, but such is not done and the colleges instead deposit the said amount in their own account. This act amounts to playing fraud both upon the students as well as upon the University concerned. Such an observation was made by the Hon’ble Allahabad High Court before Hon’ble Justice Vivek Chaudhary in the matter of Ram Avatar Kalyani Devi Kanya Mahavidyalay Thru Manager &Ors vs State Of U.P. Thru Prin. Secy. Higher Education Lucknow & Ors. [MISC. SINGLE No. – 14258 of 2021]
The fact of the matter was that the college collected the examination fees from the students but delayed its deposit with the university. As a result, the university imposed a fine of Rs. 500/- on every student.
The Hon’ble High court by an interim order a reduction of fine from Rs. 500/- to Rs. 250/-. The same was accepted by the university and deposited by the college concerned.
Additionally, the Hon’ble High court observed that “The colleges collect the fee from their students for the entire year, including the examination fee required to be deposited by them with the University. However, the examination fee is not deposited by them with the University in time. The amount is retained by the colleges in their bank accounts. This act amounts to playing fraud both upon the students as well as upon the University concerned. Such activity should be immediately stopped”
Furthermore, the Hon’ble High Court stated that “ In absence of any specific provisions, the colleges transfer the said late fee upon the students, while there is no fault of the students. The Universities have not yet framed any specific provision providing that in such cases late fee and penalty would be imposed upon the colleges only, which they would be barred from recovering from their students.”
Judgment Reviewed by: Rohan Kumar Thakur