Delhi High Court - Orders
Moubani Poddar & Ors vs National Institute Of Fashion ... on 21 October, 2020
Author: Jayant Nath
Bench: Jayant Nath
$~A-10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8057/2020
MOUBANI PODDAR & ORS. ..... Petitioners
Through Mr.Abhik Chimni and Mr.Mayank
Goyal, Advs.
versus
NATIONAL INSTITUTE OF FASHION
TECHNOLOGY & ANR. ..... Respondents
Through Mr.Ruchir Mishra, Adv. for R-2/UOI.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
% 21.10.2020 This hearing is conducted through video conferencing.
1. This writ petition is filed by the petitioners seeking the following reliefs:
"a) Issue a writ, order or direction in the nature of writ of mandamus or any other appropriate writ, order or direction setting aside the impugned circulars dated 28.07.2020 and 28.08.2020 as being arbitrary and illegal;
b) Issue any appropriate writ, order or direction to the Respondent Institute to provide records of the meeting of the Board of Governors approving 10% fee-hike for the semester July-December, 2020;
c) Issue any appropriate writ, order or direction to the Respondent Institute to provide records of minutes of the 49th meeting of the Board of Governors, approving the fee-hike of 5% for the semester July-December, 2020;
d) Issue any appropriate writ, order or direction to the Respondent Institute to provide records of minutes of meeting of Standing Internal Advisory Committee - Students Affairs recommending the roll-back of fee-hike to 5% for the semester July-December, 2020;
e) Issue any appropriate writ, order or direction to the Respondent Institute to allow the students to submit the fees at old rate, i.e. without any fee-hike, and attend classes / enrol for the academic year 2020-21, subject to the outcome of the instant writ petition;
f) Issue any appropriate writ, order or direction to the Respondent Institute to provide proof of compliance of Section 18 of the NIFT Act; and
g) Issue any appropriate writ, order or direction to the Respondent Institute to show the records of instructions issued by the Central Government for fixing the fee for the academic year 2020-21."
2. Essentially, the grievance of the petitioners is that the fees have been hiked by 10% for NRI quota students and for non-NRI quota students, the fees have been hiked by 5%.
3. Learned counsel for the petitioners has made two submissions to challenge the aforesaid fees hike. Firstly, he has urged that the system of fees hike is completely erroneous and there is no transparency. He relies upon clause 5(1) of the National Institute of Fashion Technology Academic Programmes Ordinances 2012 to plead that it is not clear as to whether the said procedure has been complied with by respondent No.1 after obtaining approval of the Board on the recommendation of the Senate or instructions of the Central Government etc. Secondly, he pleads that the balance sheet of respondent No.1 institute shows profit, i.e., excess revenue over expenditure for the financial year ending 31.03.2019. Based on this contention, it has been strongly urged that there should be more transparency. It has also been urged that the fees hike for NRI quota students is excessive and now they have to pay more than 9 lacs annually. It is pleaded that an attempt was made to seek information through RTI application but no information was diverged by the respondent institute.
4. A perusal of the said communication dated 28.07.2020 shows that the fees for non-NRI quota students for the academic session 2019-2020 is Rs.1,31,600/- for July-December, 2020 and Rs.1,13,200/- for January-June, 2021. This fees structure was sought to enhance to Rs.1,33,950/- for July- December, 2020 and to Rs.1,18,350/- for January-June, 2021. Similarly, for NRI quota students, the fees is Rs.9,48,400/-.
5. Subsequently, on 28.08.2020, the following circular was passed:
"NIFT is committed to academic excellence in fashion education. The vision of the institute embraces challenges and provides the impetus in setting highest academic standards. To meet the above commitment and ' to be on top, a lot of investment is done in infrastructure and faculty development. NIFT being an autonomous body is self reliant to meet its expenditure on infrastructure, a minimal hike of 10% is kept in the fee on yearly basis to utilize the same for development of best of the art infrastructure and engagement of best available faculty at NIFT and also engagement of Guest Faculty from Industry and from various Institutes across the world. This empowers NIFT to support students from weaker sections of society by grant of Tuition Fee Waivers, Merit Scholarships and study abroad expenses through various schemes such as "Sarthak-means cum merit scholarship", "Merit Scholarship scheme" and "Uddan-Study abroad scheme".
Although, every year NIFT enhances the fee to mitigate the expenses, however, in the situation arisen due to Pandemic in our country and taking into account economic slowdown in the Industry, NIFT has considered the following:
1) Tuition fee hike has been reduced by 5% for the Semester July-December, 2020 as per semester mentioned at Annexure-I except for NRI students.
2) Further to ease the pressure of lump sum payment, the students will be allowed to pay the fee in 3 installments and also be exempted from late fee fine for this semester.
Based on the above, a revised fee structure for the semester July-December, 2020 and also January-June, 2021 is attached as per the Annexure-I. This is in supersession of the circular no. 1400(47) / Head- AA/Fee structure /2011 dated 28th July, 2020."
6. Hence, the fees hike for non-NRI quota students was reduced by 5% for semester of July-December, 2020 and also for January-June, 2021 keeping in view the present covid-19 pandemic.
7. In my opinion, the plea raised by the petitioners for challenging the fees hike is vague. Bald unsubstantiated pleas are sought to be raised that clause 5(1) of the Ordinance has not been followed. This plea cannot be accepted. The fee hike cannot be termed arbitrary or oppressive. There are no grounds to warrant any interference by this court. There is no merit in the present petition and the same is dismissed.
JAYANT NATH, J.
OCTOBER 21, 2020/v