Thread by @barandbench

The Kerala High Court will be hearing a petition filed by students of the National University of Advanced Legal Studies, Kochi (NUALS, Kochi) against the collection of fees for services not being availed by them during the pandemic.

During the last hearing, the students' counsel Advocate Santhosh Mathew clarified that the students were willing to pay for tuition and were seeking a fee waiver for facilities are not being availed by the students, such as the library, electricity, gym, moot court etc.

The Court directed the University to decide the students' request as expeditiously as possible, and not take any coercive action against students in the meantime.
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A Single Bench of Justice Amit Rawal is hearing the matter today.

Hearing begins.

Advocate Santhosh Mathew begins his submissions.

Item passed over as the University's counsel is engaged in another matter.

Hearing resumes.

Advocate Mathew begins.

He reiterates that there is no dispute about the tuition fee.

Campus development and infrastructure development, information system library, facility fee, student welfare fund, sports and games fee, medical/fitness fee, debating society fee, transport fee ... these are being challenged: Mathew

The University has allowed a 25% waiver in many of these heads, 50% in Student Council fees, Miscellaneous fee has been reduced by 30%.

We challenge the fee because every fee necessitates a quid pro quo: Mathew

The full facts (of the case) was not placed before the Executive Council at the meeting held, Advocate Mathew avers.

Since the institution is conducting online classes, miscellaneous fees, transport charges etc. cannot be collected: Mathew

Advocate Mathew is taking the Court through the reports of the Executive Council Meeting.

Let them take a decision, what can I do about this: Amit Rawal J

Where is the quid pro quo?: Justice Rawal to the University

We have given substantial reductions in fees, we have heard the grievances raised: Dr Thushara James speaking of the University

Only 3 of the petitioners out of 28 have availed of the installment facility allowed by the University: Dr James

Dr James gets disconnected from the meeting

Dr James contines: Firstly the petitioner comes with this argument of quid pro quo...

An exact quid pro quo relationship as far as education is concerned, as far as NLUs are concerned is not possible.

Reductions can be allowed only as regards gross income as against gross expenditure: James

Substantial reductions have been allowed

Substantial reductions have been granted already in transport, library fees, along with the option to remit fees in installments.

A proportional reduction has been allowed: James

Here is a case were reductions have been granted, substantial reductions allowed, but only 3 of the petitioners have even availed of these: James

We have filed a detailed report and allowed reductions, still they have submitted different contentions in response: James

Advocate Santhosh Mathew relies on a recent Division Bench decision of the Calcutta High Court.

The Bench had restrained schools from collecting fees for facilities not availed.

7000 Rs is charged as gym fees?!: Advocate Mathew
This instalment facility was granted for the entire fee, we dispute the specific heads of fees, saying that we are not availing the installment facility under these circumstances is unfair: Mathew
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Then leave the university: Rawal J

Why you're charging gym fee, don't charge gym fees: Rawal J to the University

They're charging transport fees transport is not being availed: Mathew

They need to maintain the vehicle, why are you making such an argument?: Rawal

I'm not inclined to interfere: Rawal

Justice Rawal is disposing of the case, dictating order.

Records that the University was shut on March 11, hostels directed to be vacated after the pandemic broke out.

"There should have been 100% deduction under those heads (sports, gym, transport)", he dictates the petitioners' submission

Relying on the EC Report, Advocate Mathew argued that the brunt of construction expenses for which the University was inviting tenders, was being placed on the shoulders of the students, Rawal J records

"National University of - "what's the name of the university: Rawal

... Advanced Legal Studies, milord: James

The writ petition does not warrant interference under Article 226, not a case for the Court to exercise judicial review: Rawal J

Settled law that High Court cannot act as an appellate tribunal, even if two views possible: Rawal J

Justice Rawal makes reference to the state of the economy and low incomes as a result of layoffs.

Gym, Sports and Games Fee, Medical, Gym, and Fitness fee. In the peculiar facts and circumstances, I direct the University to grant waiver in these heads, until physical classes resume.

He clarifies, "the Executive Council is directed to make the deductions" on the basis of the views expressed in the direction, within ten days. Students who have not availed of the option to pay fees in installments shall be allowed to do so, without a charge of a late fee.

On these terms, petition is disposed.

**Clarification: the University was asked to draw up a new timeline for fee payments and allow students to pay fees with deductions without charging a late fee.

Kerala High Court directs NUALS EC to consider 100% reductions fees for gym, transport, sports facilities not in use during COVID-19 period

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