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.…
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…
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…

• • •

Missing some Tweet in this thread? You can try to force a refresh

Keep Current with Bar & Bench

Bar & Bench Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!


Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @barandbench

22 Oct
Delhi Police virtually produces Umar Khalid before a Delhi Court in connection with a Delhi riots case under UAPA.

Last month, Umar Khalid was sent to judicial custody till October 22.

@UmarKhalidJNU @DelhiPolice Image
Additional Sessions Judge Amitabh Rawat will be hearing the case shortly
Special Public Prosecutor states that an application has been moved for an extension of remand for 30 days for Umar Khalid & Sharjeel Imam.

Judge: I cannot extend the 30 days without seeing the files. My head is throbbing and I am on third dose of pain killers

Read 11 tweets
22 Oct
Delhi High Court will shortly begin hearing plea by Mohit Saraf, Senior Partner, L&L Partners against the firm's Founder Partner, Rajiv Luthra.

Matter is before Justice V Kameswar Rao.

#MohitSaraf #RajivLuthra Image
Saraf's primary grievance is that he could not be summarily thrown out of L&L Partners using strong-arm tactics.

#MohitSaraf #RajivLuthra

Read more:…
Last week, the High Court had sent the two senior-most partners to mediation before Senior Advocate Sriram Panchu.

Read more:…
Read 137 tweets
22 Oct
Bombay High Court to continue hearing the bail applications of the DHFL promoters, Kapil Wadhawan and his brother Dheeraj, accused in the Yes Bank laundering case.

Justice SV Kotwal will begin hearing the applications shortly. Image
Sr. Adv. Amit Desai began his submissionson behalf of Kapil Wadhawan in the previous hearing.

Read here:
Hearing resumes.

Court: I was privy to your conversation before I joined in. I am glad there was no discussion on the 'judge'

Desai: We were not aware milord.

Sr. Adv. Dr. Abhishek Manu Singhvi: We did not know the judge is allowed to eavesdrop from the lobby like that
Read 41 tweets
22 Oct
[TRP SCAM] Bombay HC bench of Justices Nitin Jamdar and Milind Jadhav to hear a plea by TV Today Network against BARC challenging their decision to terminate TRP rating of the TV Today group.

@aajtak @IndiaToday #BombayHighCourt @BARCIndia
TV Today group had received an order that since there was a surge in TRP suddenly, ratings for their channel will be terminated

Hearing begins

Adv Ashish S Kamat for BARC: The order is of July 31 and served in August. Issues of maintainability arise. There are similar pleas that have been slotted for Nov 6. We need some more time

Dr Veerendra Tulzapurkar: they should not take any coercive action
Read 6 tweets
22 Oct
Karnataka HC begins hearing a plea moved by PG Doctors against judgment upholding one year urban service rule.

Justices BV Nagarathna and Sanjay Gowda is hearing the plea.

Advocate Akkamahadevi Hiremath is appearing for the Petitioners in the appeal plea.

Hiremath contends that the Government has issued a notification which was made one year urban service rule compulsory for all students including Management as well as NRI students, who have studied in Private colleges. They have not availed any benefit from Govt, Hiremath.
Read 25 tweets
21 Oct
Delhi High Court to shortly begin hearing appeals preferred by CBI and Enforcement Directorate against the acquittal of all accused in 2G Spectrum case.

The appeals are at the stage of leave to appeal.

#ARaja #2G #2GAppeal

@dir_ed Image
Appeals are before Justice Brijesh Sethi.

#2GAppeal #2G
Hearing begins.
Read 19 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!