IP university pvt colleges can’t charge higher fee from mgmt quota seats: HC

The Delhi high court upheld three circulars issued by the Delhi government and the university that laid down guidelines for admissions and registration of students, as well as the fee structure

Private colleges affiliated to Guru Gobind Indraprastha University cannot charge higher fee from students admitted under 10% management quota seats, the Delhi high court said on Wednesday, upholding three circulars issued by the state government and the varsity in September last year.

The private colleges under Guru Gobind Singh Indraprastha University had challenged the three circulars issued by the Delhi government and the varsity in October last year. (HT Photo)

The three circulars laid down guidelines for admissions and registration of students, as well as the fee structure.

Private institutions affiliated to Guru Gobind Singh Indraprastha University challenged the circulars in October 2022, arguing that the state government and the university have no authority to issue these directions, and said that it was a violation of their fundamental rights guaranteed under the Constitution.

Dismissing their petitions, justice Purushaindra Kumar Kaurav said that the regulation of admission in a fair, transparent and non-exploitative manner is at the heart and soul of Articles 14, 19 and 21 of the Constitution of India.

In a 144-page judgment, the court said that private institutions cannot claim that they generate additional revenue from their 10% seats (management quota seats), as the fee structure is common for all students. It added that there should not be any reason why 10% seats should not be filled up by the most meritorious students.

“To put it differently, the institutions are not entitled to charge any higher fees from the students admitted through the 10% management quota seats than the fee being charged from 90% students. Thus, the same fee structure is applicable to both the categories. Therefore, so long as merit is not being diluted by the impugned circulars, the institutions ideally should not have any grievance. It is not their case that admissions are guided by the paying capacity of the candidates. The institutions are also under an obligation to maintain merit and transparency under the proviso to Section 13 of the Act of 2007,” the court said in its ruling.

The court said that the circulars nowhere prescribe any other criteria for judging the merit than the one prescribed under applicable rules or regulations, adding that they nowhere take away the right to admit the students up to sanctioned intake capacity or compel the private institutions to compromise with merit or excellence.

“Malpractices and backdoor entry into admissions in professional courses is not unknown in society. Various decisions pronounced by the Supreme Court and high courts of the country have elaborately dealt with such malpractices in clear terms, therefore, a transparent and merit based admission process needs to be encouraged. It encourages the students to work hard and realise their potential in their academic pursuits”.

“It ensures that the brightest and most talented students are given the opportunity to study in educational institutions which ultimately promotes excellence. The selection of students should always be based on their academic aptitude and other qualifications, rather than extraneous factors such as personal connections, wealth or social status or other resources of getting limited information of admission notice,” the court said.