Petitioners, M.B.B.S. students, challenged mess fee charges during the pandemic. The Court ex proprio motu set rules: no mess fees; hostel and tuition fees deferred with 50% deposit due immediately and the balance by October 1st, 2020.
No mess fee payable; hostel and tuition fees payable in two installments due to the pandemic.
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 UTTARAKHAND AT NAINITAL
Writ Petition (M/S) No. 971 of 2020
Km. Asfi Suhail and another
……….Petitioners
Versus
State of Uttarakhand and others
…Respondents
Present:- Mr. T.A. Khan, Senior Advocate assisted by Mr. Vinay Bhatt, Advocate for the petitioners.
Mr. S.R. Joshi, Standing Counsel with Mr. Devesh Ghildiyal, Brief Holder for the State/respondent no. 1.
Mr. Sushil Kumar, Advocate holding brief of Mr. Shailendra Nauriyal, Advocate for respondent no. 2.
Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. Jitendra Chaudhary, Advocate for the respondents.
Hon’ble Sudhanshu Dhulia, J.
The petitioners have inadvertently not impleaded Guru Ram Rai Medical College, Dehradun as a party, although they have impleaded the Guru Ram Rai University, Dehradun as respondent no. 3. Let the necessary correction be made by the petitioners and “Shri Guru Ram Rai Institute of Medical & Health Sciences” be impleaded as a party, during the course of the day. In any case, Mr. Rajendra Dobhal, learned Senior Advocate appears for the Medical College as well as for the University.
2
they have also prayed that the payment of tuition fee may also be deferred. They have, however, admitted that presently the classes are going on through videoconferencing.
3
(Sudhanshu Dhulia, J.) 01.07.2020
Avneet/
3 issues framed by the court
Whether students are liable to pay mess fees when no consumption occurred due to pandemic closures.
Whether students are liable to pay hostel and tuition fees and if payment can be deferred.
Whether an interim order allowing deferred payment applies to all students.
Km. Asfi Suhail
another student
State of Uttarakhand
Guru Ram Rai University, Dehradun
Sudhanshu Dhulia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
