CNLU demand for facilities and library fees during COVID-19 arbitrary and illegal: Patna High Court

The Patna High Court recently held that the demand of Chanakya National Law University (CNLU) in respect of payment of facilities and library fees during the COVID-19 pandemic was arbitrary and illegal (Kartikay Trivedi v. Chanakya National Law University Patna)..Justice PB Bajanthri was hearing a petition seeking quashing of demands from the University to deposit the complete fees for the Academic year 2020-21 as a lump sum. The petitioners had prayed that the University be directed to charge only tuition fees during this period.The primary issue taken up by the Court was whether the University was entitled to collect facilities fees and library fees from students during the COVID-19 pandemic..Counsel for the petitioners submitted that the students did not attend classes during the pandemic, and therefore, the demand was arbitrary, especially since the reasons for not attending classes were beyond the students’ control.On the other hand, counsel for CNLU brought the Court’s attention to the counter affidavit filed by them which stated, “It (the university) has full sympathy towards all the students of the University including the petitioners and their financial constraints. The respondent University as such has granted more concessions and waiver to its students including the petitioners.”.However, the judge remained unconvinced of CNLU's contentions, stating that the mere purchase of books and other infrastructure did not justify the demand for fees, which was improper when the students did not benefit from the facilities..The High Court also stated that educational institutions should not be rigid while dealing with the aftermath of the pandemic. In fact, it was also said that it is for the educational institute to reschedule payments in a way that no student was left out or denied from pursuing their education.“The educational management supposedly engaged in doing charitable activity of imparting education, is expected to responsive and alive to that situation and take necessary remedial measures to mitigate the hardship suffered by students and their parents.”.A judgment of the Supreme Court was discussed where in respect of school fee structure, it was observed that management of educational institutions should be sensitive to the problems faced by people due to the pandemic and take steps to provide succour to students and their parents in these harsh times.Further, Article 41 of the Constitution was referred to, which secures the right of work, to education and to public assistance in certain cases of unemployment, old age sickness and disability. The Court also cited Article 46, which deals with education of weaker sections of the people..Therefore, Justice Bajanthri set aside the demand and also directed the University to refund any fee collected under the heads of facilities and library fee at the earliest..Advocates Sumit Kumar Singh, Shubham Bajaj, Shatakshi Sahay, Sarita Bajaj and Suyash Rawat appeared for the petitioners. CNLU was represented by Advocates Dr. Anshuman, Sanjay Kumar and Shadwal Harsah..[Read Order]