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

The Kerala High Court today directed the Executive Council of the National University of Advanced Legal Studies (NUALS) to consider granting a 100% reduction in Gym, Sports and Games Fee, Medical, Gym, and Fitness fees, given that these facilities are not being used during the COVID-19 period. (Sarath KP v. National University of Advanced Legal Studies).Justice Amit Rawal issued the direction after hearing the student petitioners and the University..The students had moved the Court seeking a waiver of fees for those facilities which are not being availed by the petitioners, and on which the University is not incurring any expenditure, due to the absence of physical classes amid the pandemic..No coercive action against NUALS students until EC decision taken on issue of fee collection for services not used amid COVID-19: Kerala HC.In the hearing today, Advocate Santhosh Mathew, appearing for the students, submitted that the University was burdening the students with the expenses of the tenders raised towards construction on campus. .He argued that the principle of quid pro quo should govern any fee charged. Since physical classes were not in progress, the fee levied for gym, sports, fitness, moot court, student council etc. was not justified, he contended..Appearing for the University and the other respondents, Advocate Dr Thushara James maintained that the University had allowed substantial deductions based on a Student Council Representation and that a strict principle of quid pro quo for fee collection cannot be applied to the services of educational institutions, particularly National Law Universities..There were many other expenses that were met by the fees. Therefore, only reductions against the gross fee charged (including tuition fees) would be permissible, she asserted..Reductions ranging from 25-30% had already been allowed in certain heads of fees, she submitted. A deduction of 50% had been granted for the fee charged on account of Student Council levies, Dr James added. Further, the University had provided an option of paying the entire fee in instalments, which only 3 of the 28 petitioners had availed, she submitted.."This is a peculiar situation", she said making reference to the fact that only 3 had availed of the facility..Advocate Mathew relied on the recent Calcutta High Court Division Bench decision restraining private schools from charging fees in respect of facilities not availed amid the pandemic..However, taking note of the stipulation the judges had made in that decision, viz. that the decision was not to be considered a precedent, the Justice Rawal did not accept the judgment..The Judge went on to emphasize that ordinarily, the Court could not interfere in matters of this nature, particularly because the NUALS Act empowered the Executive Council to take decisions of this kind.."The Court cannot sit as an appellate court under Article 226," the Judge observed..However, in the peculiar facts and circumstances of the case particularly in light of the state of the economy and incomes amid the pandemic, the Court directed the Executive Council to consider a 100% deduction under certain heads of fees, against the 25-30% already allowed. The Court directed the Council to reconsider the issue within 15 days from the date of judgment..Pertinently, the Court recorded the fact that the tuition fee charged was not challenged..Directing the Council to draw up a revised schedule for the payment of fees and allow opportunities to students to avail of the instalment option without charging a late fee, the petition was disposed of..The result of the writ petition was to be apply to all students in NUALS, not just the petitioners, the Court clarified..Read the Order: