Karnataka High Court
Dr B R Ambedkar College Of Law vs M/S Karnataka State Law University on 8 January, 2013
Author: Huluvadi G.Ramesh
Bench: Huluvadi G.Ramesh
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 08TH DAY OF JANUARY 2013
BEFORE
THE HON'BLE MR. JUSTICE HULUVADI G.RAMESH
WRIT PETITION NOS.6113-6117 OF 2012 & 6178-6182 OF
2012 (EDN-RES)
BETWEEN :
1 DR B R AMBEDKAR COLLEGE OF LAW
NO.38, TIRUMENAHALLI
HEGDENAGAR MAIN ROAD
BANGALORE-560064
REPRESENTED BY ITS PRINCIPAL
PROF.C. RAMAMURTHY, 52 YRS
2 INDIVA PRIYADARSHINI COLLEGE OF LAW
NO.1, COLLEGE ROAD
ATTUR (P.O), YELAHANKA NEW TOWN
BANGALORE-560016
REPRESENTED BY ITS PRINCIPAL
SRI HALLI HANUMANTHAPPA, 54 YRS
3 RAJIV GANDHI COLLEGE OF LAW
KODANDARAMAPURAM
MALLESHWARAM, BANGALORE-3
REPRESENTED BY ITS PRINCIPAL
SRI M T MARISWAMY GOWDA
AGED ABOU 53 YEARS
2
4 SRI BALAJI COLLEGE OF LAW
NO.F-38, GIRIYAPPA COMPLEX
80 FEET ROAD, BASAVESHWARANAGAR
BANGALORE-560079
REPRESENTED BY ITS PRINCIPAL
SMT. BHAGYASHREE
5 TEACHERS LAW COLLEGE
LAKE SIDE RESIDENCY
OLD MADRAS ROAD
MEDAHALLI, BANGALORE-49
REPRESENTED BY ITS PRINCIPAL
SRI G S SHANKARAPPA, 54 YRS
6 PANCHAMI COLLEGE OF LAW
NO.231, 7TH CROSS
ANUBHAVANAGAR
NAGARABHAVI MAIN ROAD
BANGALORE-560072
REPRESENTED BY ITS PRINCIPAL
B L VIDYA, AGED ABOUT 41 YEARS
7 KEMPEGOWDA LAW COLLEGE
B B ROAD, CHIKKABALLAPUR-562 101
REPRESENTED BY ITS PRINCIPAL
SMT. B G SHOBHA, 47 YEARS
8 M H COLLEGE OF LAW
B M ROAD, VIVEKANANDANAGAR
RAMANAGARA-562 159
REPRESENTED BY ITS PRINCIPAL
SRI ASHOK R
3
9 BASAVASHREE COLLEGE OF LAW
VINOBHANAGAR, K N S POST
KOLAR-563 101
REPRESENTED BY ITS PRINCIPAL
SRI S THONTADARYA WADEYAR
10 SARVODAYA LAW COLLEGE
BANGALORE-560086
REPRESENTED BY ITS PRINCIPAL
SRI A M R VEERAIAH, 43 YRS ...PETITIONERS
( By M/S DHARMASHREE ASSOCIATES,
Sri SACHIN & Sri ARUN, ADVS )
AND :
M/S KARNATAKA STATE LAW UNIVERSITY
NAVANAGAR, HUBLI-580 025
REPRESENTED BY ITS REGISTRAR ...RESPONDENT
( By Sri. BASAVARAJ KAREDDY, ADV )
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION PRAYING TO QUASH
THE CIRCULAR DT.19.5.11 BY THE RESPONDENT
UNIVERSITY FIXING FEE STRUCTURE FOR THE YEAR 2011-
12 i.e., FROM SL.NO.2 TO 12 TO THE EXTENT OF IMPOSING
RS.740/- AS FEE TO BE PAID BY 2ND & 3RD YEAR LL.B [5 & 3
YEARS] STUDENTS OF PETITIONER'S COLLEGE VIDE ANN-A
& NOTIFICATION DT.5/7.1.11 BY THE RESPONDENT
UNIVERISTY DIRECTING PETITIONERS COLLEGES TO
REMIT THE FEES AS PER CIRCULAR - ANN-A, FROM SL.NO.2
4
TO 12 TO THE EXTENT OF RS.740/- BEFORE 14.1.12 - ANN-B.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Petitioners have sought for issuance of writ of certiorari to quash the circular dated 19.5.2011 issued by the respondent- University thereby fixing the fee structure for the year 2011-2012 from Sl.No.2 to 12 to the extent of imposing Rs.740/- as a fee to be paid by 2nd and 3rd year LLB students of petitioners' college and for such other orders.
2. Petitioners are various law colleges affiliated to the respondent-Karnataka State Law University. The grievance of the petitioners is, by the impugned orders at Annexures A and B, the fee structure fixed for various law courses for the academic year 2011- 2012 has been enhanced. Earlier, as per Annexure 'C', the fee structure for the first year (3 and 5 years law course) has been fixed at 5 Rs.1,580/- for general merit students and Rs.1,080/- for SC/ST students and subsequently, by another order dated 19.4.2010, the fee structure for the academic year 2010-2011 has been fixed at Rs.1,630/- for general merit category and Rs.1,130/- for SC/ST category students wherein there was no clear specification as to the fee structure so far as second and third year LLB courses. Now, by the impugned order at Annexure 'A', an order is passed fixing/increasing the fees for the law courses for the year 2011-2012 and further, there is also a direction issued at Annexure 'B' to remit the admission fees and other miscellaneous fee even for the second and third year LLB students and also LLM students, which is virtually operating with retrospective effect as such, it is bad in law.
3. Heard.
4. It appears, the University has revised the fee structure to come into effect from 2011-2012, which has been approved by the 6 Academic Council and Syndicate. For the first year admission for the academic year 2011-2012, there shall not be any confusion. But for such of the students who are pursuing second and third year LLB course (3 and 5 years LLB) and even in further academic years, they have to pay the enhanced fee, if not already paid.
5. The very condition imposed at Annexures A and B to collect the admission fee and other fees from the second year and third year students may not amount to collecting fees with retrospective effect, as those students of second and third year are necessarily taking admission as such for the second and third year and they have not paid fees for the first year. However, it is for the University, on such remitting of the fees by the concerned colleges, to see that the said fees are made use of for the purpose it has been collected and there shall not be any misuse of funds.
7
6. With these observations, petitions are disposed of.
sd/-
JUDGE Bkp