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Madras HC has provided with Interim measure over fee issue in School of Excellence in Law(SOEL) case

WP.14032 of 2020 in

WMP No.17016 of 2020



Students of School of Excellence in Law (SOEL), Chennai, which is affiliated to the Tamil Nadu Dr.Ambedkar Law University (TNDALU) have moved the Madras High Court over the levy of fees for facilities not used after the suspension of the college due to COVID-19 pandemic.



On August 29th, a circular was issued by the TNDALU, demanding a fee payable for the academic year 2020-2021 which included the fees payable for Internet, Library, Classroom amenities, Sports, Moot Court, NCC, and Red Cross.

On September 14th, another circular was issued by the TNDALU, extending the deadline for payment of the fee till September 30. Ignoring the representations made for the reduction of fees in the view of the closure of the campus.


With no heed paid to the representations made to the University Chancellor, the students approached the Madras High Court over the matter.


THE SUBMISSIONS MADE IN THE WRIT PETITION INCLUDE


  • The SOEL campus at Perungudi has also been converted into a COVID -19 isolation facility. Therefore, the commencement of physical classes at the campus remains ambiguous.

  • The College has only been conducting online classes for the students. The facilities such as the library, AIR café, infrastructure, class amenities, sports, NSS, and Youth Red Cross are in no way accessible with the lockdown still in effect. These facilities are suspended from usage to date

  • The levy of fees for the library, AIR café, infrastructure, class amenities, sports, moot court, NSS, and Youth Red Cross is arbitrary, unreasonable


In view of these contentions, the petitioners have made the following prayers before the Madras High Court:

  • To quash the two circulars as illegal, arbitrary, and devoid of merit

  • To revise the fee structure by waiving or reducing the fee associated with facilities, not in use.

INTERIM MEASURES DIRECTED BY THE COURT:


(a) The petitioners are directed to pay the first installment of the Tuition fees and AIR Cafe Fees, as fixed in the circular dated 29.08.2020, on or before 12.10.2020.

(b) The 4th respondent is directed to place the request received from the students along with the resolution passed by the Syndicate dated 12.09.2020, before the 1st respondent within a period of one week from the date of receipt of copy of this order.

(c) The 1st respondent shall consider the request made by the students and the resolution passed by the Syndicate and pass necessary orders within a period of two weeks thereafter.

(d) The order passed by the 1st respondent shall be placed in the Syndicate and a resolution shall be passed and the same shall be informed by the University to the students and

(e) The respondents 4 and 5 shall file the counter affidavit before the next date of hearing.


As per the order dated 30.09.2020, the Hon'ble justice N.Anand Venkatesh directed the 4th (The Registrar, TNDALU)& 5th (The Director, SOEL) respondents to place the representation given by the students to be placed before the syndicate for consideration. Acting upon the order, the university internal committee comprising the financial officer unanimously proposed to grant 30% concession on the overall fee, leaving aside the tuition fee and the AIR Cafe fee. The proposal is tabled before the Syndicate for its approval and the matter stands posted to 16.12.2020 for further hearing


The writ petition has been filed by Advocates KM Mrithunjayan, AM Manav, A Venkatesh, Anbarasi R, PE Senthil Kumar, and Zahid Ahmed.



DOWNLOAD ORDER:-

30_09_2020 ORDER
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-Pranav M Varma





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