Plea filed in Delhi HC for 41% enhancement of fees retrospectively.

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  • Post published:August 4, 2021
  • Post last modified:December 26, 2022
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A plea was filed before Delhi High Court against notification dated 18.09.2021 issued by the Directorate of Higher Education under the Delhi Professional Colleges of Institutions (prohibition of capitation fee, regulation of admission, fixation of non-exploitative fees and other measures to ensure Equity and Excellence) Act, 2007 regarding fees 41% enhancement whereas at the time of admission, no updation was given regarding pending proposal of enhancement of fees with specified amount to students by Guru Gobind Singh Indraprastha University for admission conducted in conducted in year 2019-20. Even the notification mentioned for admission for academic year 2019-20 mentioned the notification 2018 where nothing is on record mentioned in notification regarding any left out institutes. That earlier, the interim fees floated vide the fee notification in 2018 dated 20.07.2018 and admitted the students whereas after completing one year i.e. 2019-20 and after receiving second year fees, the college enhanced the fees retrospectively ignoring Section 22 of the General Clauses Act, 1897 as well as the judgment by Hon’ble Division Bench of Delhi high Court in Shanker Doon & Ors v. Government  of NCT of Delhi & Ors. and the judgment given by the Hon’ble Supreme Court in Vice Chancellor, MDU University, Rohtak v. Jahan Singh.
That the act prevails restrictions whereas the institute is charging amortization charges i.e. depreciation of asset charges on students beyond S. 10 of the above mentioned act parameters.
The institute Trinity Institute of Professional Studies i..e Respondent No. 4 in the Writ Petition has issued a letter to one of its students which has disclosed the five year fees earlier. That the petitioner had even applied for migration as she got 6th rank in university for the first semester for Academic Year 2019-20 before COVID-19. That the petition further raised a plea before the court to reduce the fees with 85% during COVID-19 pandemic as according to the judgment of the Supreme Court in Indian Schools, Jodhpur & Anrs. v. State of Rajasthan which was passed making the schools liable only to take 85% fees during the Pandemic. 

All this information has been gathered by the petitioner.

please find the enclosed copy of the writ petition.

WP(C) No. 7726/2021