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On a plea filed by various private colleges affiliated with the University of Lucknow challenging its decision to enhance the enrollment and examination fee for students enrolled in colleges' self-finance courses, the Lucknow Bench of Allahabad High Court has sought University's reply. 

The bench of Justices Attau Rahman Masoodi and Narendra Kumar Johari also held that as the matter concerns students who will continue studying in the respective colleges at least for next two years, therefore, the fee charged by the University upon the students of the academic session 2021-2022 will be subject to the outcome of the instant case. 

The Management Committees of 16 private colleges affiliated with the University had approached the writ court with their petition assailing the Office Memorandum issued by the University pertaining to the fee hike. These colleges were earlier affiliated to Chhatrapati Shahu Ji Maharaj University, Kanpur, and their affiliation was transferred to Lucknow University from the academic year 2021-22.

Senior Advocate Asit Chaturvedi had appeared for the petitioner colleges in this case. He had mainly contended that while increasing the fee via assailed office memorandums, the University had not obtained the mandatory approval by the state government. 

He had pointed out that as per section 52 of the Uttar Pradesh State Universities Act, 1973 which governs these colleges, the income or expenditure of the University, cannot be altered/changed unless a draft of the same has been approved by the State Government.

He had also alleged that as the affiliation transfer of the colleges has only happened in the academic year 2021-22, therefore. the students who were already studying in various courses of the college are governed by Kanpur University's fee structure.

Therefore, highlighting the huge difference between the fee structure of the two universities, he had asserted that colleges are forced to pay different fees for the same course.

On the other hand, the counsel appearing for the University has questioned the locus standi of the Management Committees of these16 colleges.

He had argued that instead of the main aggrieved parties, namely, students, the Management Committees of a few institutions, out of total 715, have come up to agitate a grievance in respect of an issue relating to which they do not have a legal injury.

He had also averred that all the other colleges have not raised any dispute with respect to any such issue and have already deposited the fee. Therefore, he had submitted that in such a case the University cannot adopt double standards in respect of the colleges associated to the University.

In view of submissions of both the parties, the court asked the counsel for the university to file counter affidavit within a period of two weeks and directed the registry to list the case for the hearing, peremptorily.

Case Title: C/M Babu Pandit Shiv Bhushan Sharma Mahavidyalaya Rbl. v. State Of U.P. and Others