The court dismissed writ petitions challenging the University's demand for admission fees for discontinued pharmacy students. It held the Syndicate lacked power to waive fees under the Act and could withdraw such a resolution. The balance fees were payable.
Writ petitions dismissed. No relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER 2023
BEFORE
THE HON’BLE MR.JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.2087 OF 2022 (EDN-RES) C/W
WRIT PETITION NO.5064 OF 2021
IN W.P.NO.2087 OF 2022
BETWEEN:
ADITYA BANGALORE INSTITUTE OF PHARMACY EDUCATION AND RESEARCH NO 12, KOGILU MAIN ROAD BEHIND SHRI ANNAPURNESHWARI TEMPLE PRAKRUTHI NAGAR, YELAHANKA BENGALURU - 560064 REPRESENTED BY ITS PRINCIPAL DR. B A VISHWANATH S/O MR. B V ANANTHARAMAIAH AGED 50 YEARS
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
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2
BENGALURU - 560001 REPRESENTED BY ITS CHIEF SECRETARY
2 . RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH 'T' BLOCK, JAYANAGAR BENGALURU - 560 041 REP. BY ITS VICE-CHANCELLOR
….RESPONDENTS
(BY SRI. PRINCE ISSAC, AGA FOR R1 SRI. MADUSUDHAN R. NAIK, SR. COUNSEL FOR SMT. FARAH FATHIMA, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED FINAL REMINDER DATED 4.1.2022 ISSUED BY THE RESPONDENT UNIVERSITY VIDE ANNEXURE-A AS BEING ARBITRARY AND ILLEGAL IN LIGHT OF THE DECISION OF THE SYNDICATE OF THE RESPONDENT UNIVERSITY IN ITS 110TH MEETING HELD ON 21.11.2014 TO WAVE OFF SUCH FEES ON PAYMENT OF THE PENALTY OF 10 PERCENT OF THE TOTAL FEES DEMANDED VIDE ANNEXURE-K.
IN W.P.NO.5064 OF 2021
BETWEEN:
ADITYA BANGALORE INSTITUTE OF PHARMACY NO 12, KOGILU MAIN ROAD,
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MARATHINAGAR BEHIND ANNAPURNESHWARI TEMPLE YELAHANKA BENGALURU - 560064 REPRESENTED BY ITS PRINCIPAL DR. B A VISHWANATH AGED 50 YEARS
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND: RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH 'T' BLOCK, JAYANAGAR BENGALURU - 560 041 REP. BY ITS REGISTRAR
….RESPONDENT
(BY SRI. MADUSUDHAN R. NAIK, SR. COUNSEL FOR SMT. FARAH FATHIMA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS THAT THE ACTION OF THE RESPONDENT UNIVERSITY DENYING PERMISSION TO ALL THE STUDENTS OF THE PETITIONER INSTITUTION FROM APPEARING IN THE ENSUING EXAMINATIONS AND FROM CONTINUING IN THE COURSE FOR THE ARBITRATY DEMAND OF PAYMENT OF BALANCE FEE AS PER THE COMMUNICATION OF THE RESPONDENT UNIVERSITY DATED 26.11.2020 VIDE ANNEXURE-C IS ARBITRARY, ILLEGAL.
THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 02.08.2023, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:
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O R D E R
The petitioner has filed this writ petition seeking for following relief:
"i. Issue a writ or order or direction in the nature of certiorari or any other appropriate writ, quashing the impugned Final Reminder dtd.04.01.2022 with Reference No.ACA/AFFIDAVIT/PH-88/202122 issued by the respondent University vide Annexure-A as being arbitrary and illegal in light of the decision of the Syndicate of the respondent University in its 110th meeting held on 21.11.2014 to wave off such fees on payment of the penalty of 10% of the total fees demanded; vide Annexure-K; and
ii. Issue a writ or order or direction in the nature of mandamus or any other appropriate writ or order or direction, directing the respondent University to issue the formal orders of grant of affiliation to the petitioner institution for the academic year 2020-21 and 2021-22; as the University has already received the requisite affiliation fees
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and as the Syndicate of the University has already recommended for the grant of continuation of affiliation on being satisfied of the inspection of the institution; and
iii. Issue a writ or order or direction in the nature of mandamus or any other appropriate writ or order or direction, directing the respondent University to not to demand payment of admission fee of the discontinued B.Pharm and M.Pharm students of the academic year 2012-13 and 2013-14 respectively; and to not to hold the petitioner institution to ransom by not processing other applications of the petitioner institution and of the students so admitted by the institution for the subsequent academic years; and
vi. Issue any other appropriate writ or order or directions as this Hon'ble Court deems fit to grant in the facts and circumstances of this case; in the interest of justice and equity.
v. Issue a writ in the nature of certiorari or any other appropriate writ or
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order or direction, quashing the impugned notifications dtd. 06.09.2022 with No.RGUHS / Authority / 172nd Syndicate / 75 / 2022-23 with the extract of the Syndicate Decision No.170/40 dtd. 02.09.2023 and 05.09.2022 issued by the respondent University vide Annexure-V."
The petitioner - Institution was established for imparting education in the field of pharmacy and offering diploma undergraduate and postgraduate courses in pharmacy. The respondent – University notified the calendar of events for admissions to Pharmacy course and introduced the new system of uploading the names of the admitted students on to the web portal of the University. It was notified that the process of approval of admissions would be taken up and completed by December of the academic year.
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The petitioner having uploaded several names on to the web portal of the University and having faced issue with the same, had informed the University that the same is the final list of the students admitted for the academic years 2012-13 and 2013-14 during the process of consideration of approval of admission. That the institutions paid the affiliation/admission fees of all such students who were admitted and informed
the University specifically not to consider for approval of several students whose names were found in the uploaded list of names, as they had discontinued the course and had not paid the fees or submitted the original documents. The University approved the names of the students as required by the institution on payment of the admission fees. No admission fees was paid as against the discontinued students and neither were their admissions approved by the University. However, as audit objection was raised for
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payment of the admission fees of all such students, the petitioner – Institution and other similarly placed institutions submitted representations to waive off such demand of admission fees of discontinued students. The respondent had placed the issue before the Syndicate in its 110th meeting held on 20.11.2014. The Syndicate decided to waive off the admissions fee for discontinued students of all nursing and pharmacy colleges on payment of penalty of 10% of the total amount demanded. The petitioner paid the penalty of 10% of the total amount due. The respondent – University issued several communications demanding the payment of balance payment fees for B-Pharma and M-Pharma students of the academic years 201213 and 2013-14 along with other fees. The petitioner issued clarification regarding the demand for payment of admission fees for discontinued students of the academic years 2012-13 and 2013-14 and such fees
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were already waived off on payment of 10% penalty. Despite clarifications issued, the respondent – University issued an endorsement demanding the payment of the admission fees of the discontinued students based on an audit objection raised by the finance department and further chose not to permit the students of the petitioner – Institution to appear in the examinations. The petitioner – Institution aggrieved by the action of the respondent – University filed a writ petition in W.P.No.5064/2021. The University issued revised calendar of events for the academic session for the pharmacy courses commencing from 02.11.2021. The petitioner – Institution completed the admission process and uploaded the names of the students to the web-portal. The Local Inspection Committee of the University conducted the inspection and submitted a report and said report was placed before the Syndicate of the
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respondent – University. The Syndicate of the respondent – University held that the institution has adequate infrastructure and recommended for grant of continuation of affiliation of all the courses with the specified intake capacity for the academic year 202122. The University issued Final Reminder dated 04.01.2022 received by the petitioner institution on 16.01.2022 calling upon the petitioner institution to pay the balance amount as instructed by the internal audit objections for an amount of Rs.18,60,920/regarding admission fee for some of the M-pharma and B-pharma students allegedly admitted for the academic year 2012-13 and 2013-14. The respondent - University further directed the petitioner-institution not to admit the students for the academic year 202122 until clearance of the said amount. The action of the respondent - university is arbitrary and illegal. Hence, this writ petition.
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objections. It is contended that the petitionerInstitution during the academic years 2012-13 and 2013-14, was liable to pay the admission fees in respect of all the students admitted by it. The same has not been paid and now seeking for waiving off admission fees aggregating to Rs.18,60,920/- on the ground that a decision has been taken by the Syndicate in it's 110th meeting held on 21.11.2014. Provisions of Rajiv Gandhi University of Health Sciences Act, 1994 (hereinafter referred to as the Act of 1994' for short) enables the Syndicate to take a decision with regard to the finances of the University. Section 40 of the Act of 1994, deals with management of funds of the University. The State Government is empowered to issue directions with regard to management and utilization of the funds and the decision/direction of the State Government shall be
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final. Section 41 also enables the State Government to order audit of the accounts of the University. Section 43 of the Act mandates the Controller of the State account to audit the accounts of the University of each financial year. In terms of the aforesaid provisions, the annual accounts and audits of financial years 2012-13 and 2013-14 were audited by the Additional Controller, Karnataka State Audits and Accounts Department and they submitted their audit report to recover the amounts due to be collected by the University. Pursuant to the audit report, the respondent-University issued several communications directing the petitioner-Institution to pay the dues as per the audit report of Additional Controller, Karnataka State Audits and Accounts Department. Despite the petitioner was aware of the audit reports directing for recovery of dues from the petitioner – Institution, has suppressed the same and filed the writ
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petition seeking implementation of the decision of Syndicate dated 21.11.2014, which is nothing but abuse of process of law. It is contended that the decision taken by the Syndicate in its meeting held on 21.11.2014, directing the waiver of payment of admission fee in respect of discontinued students and to collect penalty of 10% of the total amount, is contrary to the provisions of the Act and at the same time objected to by the State Government through it's audit report. The said decision of the Syndicate has not been given effect to. It is contended that the provisions of the Act does not empower the Syndicate to waive off the admission fee payable by the institutions. The decision dated 21.11.2014 is not enforceable in the eye of law. The Syndicate realizing the mistake committed in the meeting held on 21.11.2014, is rectifying the mistake by not giving effect to the said decision. None of the institutions
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have been given the benefit of waiver and all the institutions including the institutions under the agenda dated 20.11.2014, apart from the petitioner. The Syndicate in it's 115th meeting dated 20.08.2015, has resolved to take opinion from the auditors, chartered accountants and legal officers. Upon taking such opinion, the Syndicate having realized that such a waiver is not permissible, has not waived the fee. The petitioner failed to pay the penalty amount. It is contended that the notices issued for recovery of the amount of Rs.18,60,920/- is just and proper and prayed to dismiss the writ petition.
statement of objections giving the particulars of the admissions made by the petitioner -Institution for the academic years 2012-13 and 2013-14 and the petitioner is liable to pay fees to the university for M-Pharma and B-Pharma. Thus, the petitioner is liable
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to pay the amount claimed by the respondent University and hence, prayed to dismiss the writ petition.
learned counsel for respondents.
that the respondent - University passed a resolution to waive off admission fees for discontinued students of all nursing and pharmacy colleges on payment of penalty of 10% of the total amount demanded. He submits that the petitioner paid the penalty of 10% of the total amount due. Inspite of paying the 10% penalty, the respondent - University issued several communications demanding the payment of balance
fees for the academic years 2012-13 and 2013-14 along with the other fees. The action of the respondent - University in demanding the admission
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fees for discontinued students is contrary to the decision taken by the Syndicate in its 110th meeting dated 20.11.2014. He submits that despite the clarification issued by the petitioner, the respondent - University issued an endorsement threatening the petitioner - Institution not to admit the students. The petitioner is not liable to pay the amount demanded by the respondent - University. He further submits that all the statutes framed in the Act of 1994, does not empower the Syndicate to charge affiliation/ admission fees for students who have discontinued the course of study and amount sought for approval of their admission. He submits that the University has falsely misquoted the audit report in the impugned order and failed to disclose the report of the additional controller of KSDA. He also further submits that the University has failed to notice that University is empowered under the Act as well as the statutes,
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exclusively and has power to decide the fees to be charged for the services to be rendered by the University which necessarily includes the power to waive such fees. The power to charge fees to the college is the exclusive domain of the Syndicate of the University and the Controller of the State Accounts has no authority under the Act or the statute, either to suggest or to recall the decision of the Syndicate dated 21.11.2014. He submits that the action of the respondents in demanding the amount is illegal and arbitrary. Hence, prayed to allow the writ petition.
Senior counsel for the respondents No.2 and 3 submits that the petitioner – Institution has no right to admit the students as per its whims and fancies.
The petitioner –Institution has uploaded the list of names of 100 students and 52 additional students for
the academic year 2013-14. He further submits that
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the fees chargeable depends on the list of students submitted by the petitioner - Institution. He submits that petitioner-Institution has misrepresented the Court. What is charged and demanded by the respondent - University is within the statute. He submits that it is not the case of the petitioner that the petitioner –Institution has refunded the fees to the student whose admissions were cancelled. He submits that there was an internal audit objections and further it was opined to recover the amount from the petitioner–Institution. He submits that the matter was placed before the Syndicate in it's 110th meeting held on 21.11.2014, wherein the request of the petitioner to waive off admission fee for discontinued students for nursing and pharmacy college was decided and that those pending admission fees to be waived off and penalty of 10% amount of the total amount to be collected. He also submits that to
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consider the request of the petitioner to waive off admission fee for discontinued students for the academic years 2012-13 and 2013-14, was decided to be placed before the Syndicate meeting held on 02.09.2022 and 05.09.2022. It is resolved to withdraw the decision taken in 110th Syndicate meeting held on 21.11.2014, with regard to agenda No.19 pertaining to waiving off the admission fee for discontinued students of nursing and pharmacy college. He submits that University has a power to recall the earlier resolutions under Section 35 of the Act of 1994. He further submits that the statute authorizes the Syndicate to prescribe, charge and collect fees, etc. He submits that earlier resolution passed by the Syndicate was erroneous and same was withdrawn by subsequent resolution. Hence on these grounds, he prays to dismiss the petition.
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submissions made by learned counsel for the parties.
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and for grant of approval of the students. The petitioner institution was liable to pay the fees for 18 students. Out of 18 students 17 students are Indian
and one student is a foreigner in pharmaceutics.
| Table-1: |
|||
|---|---|---|---|
| Sl | Subject No. of admissions |
Fee payable per student |
Total fees due |
| 1. | PHARMACEUTICS 18 candidates (17 Indian students) X Rs.6900=Rs.1,17,300/- & (1 foreign student) X 19600=Rs.19600/-) |
Rs.6900/- for Indian citizens & Rs.19,600/- for foreign student. |
Rs.1,36,900/- |
| 2. | PHARMACOLOGY 18 candidate X 6900= Rs.1,24,200/- (all Indian students) |
Rs.6900/- |
Rs.1,24,200/- |
| 3. | INDUSTRIAL PHARMACY 18 candidate X 6900= Rs.1,24,200/- (all Indian students) |
Rs.6900/- |
Rs.1,24,200/- |
| Total fee payable within due date | Rs.3,85,300/- | ||
| 'Late fee' payable in A.Y.2012-13- Rs.5000 per st | udent X 54. | Rs.2,70,000/- | |
| Total amount due to be paid for AY 2012-13 | Rs.6,55,300/- | ||
| Total payments made by petitioner for AY 2012-1 Payment made on 21.08.2012, towards A Rs.1,03,500/- (R6 P26) Payment made on 17.04.2013 towards =Rs.89,700/- (P27) Payment made on 27.04.2013 towards late fe (P28) |
3 dmission fee= Admission fee e= Rs.60,000/- |
Rs.2,53,200/- | |
| Total balance fee (admission fee & late fee) to 2012-13 |
be paid for AY | Rs.4,02,100/- |
| Table-II: | |||||
|---|---|---|---|---|---|
| Sl | Subject | No. of admissions | Fee/charges per student |
Total fee to be paid |
|
| 1. | PHARMACEUTICS | 18 candidates (12 Indian students) |
X | Rs.6900/- for Indian |
Rs.1,70,400/- |
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| Rs.6900=Rs.82,800/- 3 NRI students X 9600= Rs.28,800/- 3 foreign student X 19600= Rs.58,800/- |
citizens, NRI Fee- Rs.9,600/- & Rs.19,600/- for foreign student. |
|||
|---|---|---|---|---|
| 2. | PHARMACOLOGY | 14 candidates (13 Indian students X Rs.6900 = Rs.89,700/- , 1 NRI student X Rs.9600=Rs.9600/-) |
Rs.99,300/- | |
| 3. | INDUSTRIAL PHARMACY |
18 candidates (all Indian students) |
Rs.1,24,200/- | |
| 4. | PHARMACEUTICA L ANALYSIS |
12 candidates (11 Indian students X Rs.6,900/-, Rs.75,900/- , 1 foreign student X 19,600 = Rs.19,600/- |
Rs.95,500/- | |
| 5. | QUALITY ASSURANCE |
12 candidates (9 Indian students X Rs.6900/- = Rs.62,100/- , 3 foreign student X 19600= Rs.58,800/- |
Rs.1,20,900/- | |
| Total admission fe | e to be paid in AY 2013-14 | Rs.6,10,300/- | ||
| Total admission fe (R8 p55-56) |
e paid by petitioner for AY 2013 | on 06.03.2014 | Rs.1,03,500/- | |
| Balance fee to be p pg 55-56 |
aid for AY 2013-14. Annexure R8 | in S.O of R2 @ | Rs.5,06,800/- | |
| Note: No late fee i | mposed/ levied for AY 2013-14 |
Table-III:
| Sl | Subject | No. of admissions | RGUHS fees per student |
Total fees payable (Rs.) |
|---|---|---|---|---|
| 1. | B Pharma | 100 candidates. (8 Indian X Rs.5500=Rs.44,000/- 2 NRI X Rs.8,200= Rs.16400 90 foreign X Rs.18200= Rs.16,38,000/- |
Rs.5500/- for Indian citizens, NRI Fee- Rs.8200/- & Rs.18,200/- for foreign student. |
16,98,400/- |
| Total fee payable wit | hin due date. | 16,98,400/- | ||
| Total admission fee A.Y.2013-14. 1.Payment dated 28. Rs.5,34,600/- 2.Payments dated |
paid by petitioner, for B ph 05.2014 under fee receipt dat 20.06.2024, 19.06.2014 |
arma course for ed 20.06.2014= , 28.05.2014, |
7,46,380/- |
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| 19.06.2014, under fee receipt dated 20.06.2014= Rs.1,06,000/- 3. Payment dated 17.12.2014= Rs.1,03,960/- 4. Payment dated 18.12.2014= Rs.1,820/- |
|
|---|---|
| Balance fee payable for A.Y.2013-14 | 9,52,020/- |
| Note: 'No late fee' imposed/ levied for AY 2013-14 for these '100 admissions' |
11. From the perusal of table No.1, the petitioner
after the completion of verification process by the University vide communication dated 27.04.2023, sought clarification regarding admission approval fee for M-pharma 2012-13 batch as per Annexure D1. Annexure D1 discloses that the petitioner–Institution admitted 54 students out of which 26 students admission have been cancelled and 28 students admission were confirmed out of which
16 students names were sent through e-mail, so remaining were 12 students. The petitioner– Institution paid the fees of Rs.60,000/- and requested
to cancel remaining 26 students
and it is contended that the admission approval fee for 28 students have been paid. The
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University vide communication dated 02.05.2013, approved the list of students forwarded by the petitioner i.e., total number of admissions approved is 19 and total number of admissions not approved for the academic year 2012-13 is 8.
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B-pharma course for the academic year 2013-14 wherein the intake of the petitioner - Institution is only 100, but the petitioner has illegally admitted 52 additional students. The petitioner - Institution did not upload the list of additional 52 students on the webportal of the University within time. The University did not approve the admissions of 52 students. The said students filed writ petitions came to be filed in W.P.Nos.28380-28432/2014. The said writ petitions came to be disposed of directing the University to approve the admissions of 52 students by collecting a fine of Rs.2,000/- per student.
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admission fees for discontinued students of nursing and pharmacy colleges. The Syndicate after due deliberation decided that those pending admission fees to be waived off and penalty of 10% of the total amount to be collected on the basis of the resolution dated 21.11.2014. Pursuant to the resolution, the petitioner paid the portion of penalty of 10% of the total amount and further requested to waive off the demand for admission fee of discontinued students. The Additional Controller, Karnataka State Audit and Accounts Department audited the accounts of the University for the financial years 2012-13 and 201314 as per sub-section 3 of Section 43 of the Act of 1994, and raised objection in regard to shortfall of the amount and directed to collect the arrears from all the institutions pertaining to admission fee, late fee, etc. Pursuant to the objections raised by the Additional Controller, Karnataka State Audit and Accounts
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Department, the respondent - University issued communication dated 30.11.2019, and several communications calling upon the petitioner to pay the balance amount as instructed by the internal audit objections. Inspite of issuing demand notices, the petitioner has not paid the amount demanded by the respondent - University. The decision taken on 21.11.2014, by the Syndicate in its 110th meeting i.e., to waive off the admission fee of discontinued students and to collect 10% penalty of the entire amount was subsequently withdrawn in the 172nd Syndicate meeting held on 02.09.2022 and 05.09.2022 and it was withdrawn pertaining to waiving off the admission fee for discontinued students of nursing and pharmacy colleges. In order to consider the case in hand, it is necessary to examine whether the Syndicate has jurisdiction to recall/withdraw the resolutions. It is necessary to
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examine Section 35 of the Act of 1994 which reads as
under:
" 35. Ordinances .- (1) The Syndicate may, from time to time, make Ordinances and amend or repeal the same.
(2) Subject to the provisions of this Act and the Statutes, the Ordinance may provide for the following matters, namely:-
(a) admission of the students to the University and its affiliated colleges and the levy of fees for admission to the University, colleges and University laboratories;
(b) courses of study leading to degrees, diplomas and other academic distinctions of the University;
(c) conditions under which students shall be admitted to the courses of study leading to degrees, diplomas and other academic distinctions of the University;
(d) conduct of examinations of the University and the conditions under which students shall be admitted to such examinations;
(e) manner in which exemption relating to admission of students to examination may be given;
(f) conditions, mode of appointment and duties of examining bodies and examiners;
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(g) maintenance of discipline among students;
(h) fees to be charged for various courses of study, research, experiment and practical training and for admission to various university examinations; (i) all other matters which by this Act or by the Statutes are to be or may be provided by the Ordinances.
(3) In making an Ordinance the Syndicate shall consult,-
(a) the Boards of Studies in matters relating to the appointment and duties of examiners; and
(b) the Academic Council in matter relating to conduct or standard of examination or conditions of residence of students.
(4) Every Ordinance made by the Syndicate shall have effect from such date as the Syndicate may specify, and every Ordinance so made shall be submitted to the Chancellor and the senate for information."
by the Government, issued notice to the petitioner to recover the amount from the petitioner–Institution, as
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per the statutes relating to the rules of business of senate and Syndicate under Section 33 (1) of the Act of 1994. Chapter 2 deals with the statutes governing powers and functions of the Syndicate. Chapter 2.1.2 deals with the powers of the Syndicate, wherein under sub-chapter (vii) states that the Syndicate has the power to prescribe, charge and collect fees for tuition and research,; admission to the examinations and convocations; such other services as the University may undertake; affiliation and inspection of colleges and registration of graduates; and such other purpose as may be prescribed by the Statutes.
Syndicate to waive off the penalty or fees, etc. The resolution dated 21.11.2014 is not in accordance with the statutes. At the cost of repetition, the University after the receipt of audit report from the audit department, placed the matter before the Syndicate in
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its 172nd meeting. The Syndicate has withdrawn the decision taken in its 110th meeting held on 21.11.2014. The Syndicate has repealed/withdrew the decision pursuant to Section 35 of the Act of 1994. The petitioner has not pointed out any of the provisions under the Act which empowers the Syndicate to waive off the admission fee of discontinued students. Further, the decision taken by the Syndicate dated 05.09.2022, is in accordance with the Act of 1994 and the statues. I do not find any illegality or arbitrariness in the decision dated 05.09.2022, taken by the Syndicate. Further, the petitioner has not placed any records to show that the resolution dated 21.11.2014, was acted upon.
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academic year 2013-14 in B.Pharma course and also produced the copy of fee receipts marked vide Annexure-R10. It is further contended that for the academic year 2013-14, the petitioner – Institution sought for increase in intake capacity from 60 seats to 100 seats. The petitioner also submitted an application for new M.Pharma course in the subjects "Pharmaceutical Analysis" & "Quality Assurance" with intake of 18 seats each for the academic year 201314. The Syndicate of the respondent – University recommended for intake capacity as well as for fresh M.Pharma course. While issuing affiliation notification, the University had not issued affiliation for the increase intake capacity as well as the new M.Pharma course. It is submitted that the intake capacity was increased and the same is reflected in the communication dated 25.02.2014. The petitionerInstitution anticipating the grant of affiliation for
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increase in the intake capacity from 60 to 100 seats and new M.Pharma course for the academic year 2013-14, uploaded the names of students who sought to be admitted to the petitioner – Institution. The University had limited the grant of affiliation for only 60 seats and stated that the increase in the intake capacity will be granted for the next academic year 2014-15.
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fee of Rs.10,57,800/- as due. It is contended that 10% of the said Rs.10,57,800/- was erroneously calculated by the University as Rs.1,03,960/- and was accordingly paid by the petitioner. As such, penalty fee was paid in terms of the receipt, Annexures - A11 and A12, amounting to Rs.1,03,960/- and Rs.1,820/-. It is contended that the assertion made by the petitioner is misdirected attempt to mislead the Court. Approval of admissions of 53 students, the petitioner has paid Rs.6,40,600/- and the University is entitled to demand and collect the balance fee of Rs.10,57,800/- and it is 10% of that amount which the petitioner has paid is misleading. In order to show that the petitioner has paid 10% penalty, petitioner has not produced any receipts. Thus the petitioner is liable to pay the amount demanded by the University.
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is to be adjusted and the petitioner is liable to pay the remaining balance University fee. In view of the above discussions, I do not find any grounds to entertain the writ petitions.
19. Accordingly, I proceed to pass the following:
ORDER
The writ petitions are dismissed .
In view of dismissal of the writ petitions, pending I.As., if any, do not survive for consideration and are accordingly disposed of.
RD, SSB, SKS
3 issues framed by the court
Whether the Syndicate of the University has the power to waive admission fees for discontinued students under the Rajiv Gandhi University of Health Sciences Act, 1994?
Whether the Syndicate can validly withdraw its earlier resolution to waive admission fees?
Whether the petitioner is liable to pay the balance admission fees demanded by the University despite the earlier resolution?
6 provisions across 2 enactments
Aditya Bangalore Institute of Pharmacy Education and Research
State of Karnataka
Rajiv Gandhi University of Health Sciences
The Registrar, Rajiv Gandhi University of Health Sciences
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
