Education Is The Foundation Which Shapes Future Of A Student: Telangana High Court Directs Osmania University To Reconsider Imposition Of Penalty For Clearing Backlog Papers
The Telangana High Court directed Osmania University to reconsider the case of a Student, belonging to Schedule Caste Community, regarding payment of a penalty fee of Rs 10,000/- for every backlog paper.
The Court reiterated that education is the foundation that shapes the future of a student while referring to the Apex Court's Judgment in the case of Narayana Medical College Vs. State of Andhra Pradesh & Others.
Justice Surepalli Nanda ordered, “The 2nd respondent is further directed to re-consider its decision pertaining to imposing penal fees as per the University Standing Committee of Academic Senate vide letter No.870/Acad.I/2022, dated 14.11.2022 duly taking into consideration the observations of the Apex Court in the Judgments (referred to and extracted above) within a period of four (04) weeks from the date of receipt of a copy of this order and duly communicated the decision to the petitioner”.
Advocate B. Akash Kumar appeared for the Student (Petitioner) and Standing Counsel Jaganadha Rao appeared for the Osmania University (Second Respondent).
The Petitioner was one of the students of Osmania University. The Petitioner approached the Court seeking to set aside the Notification issued by the University, imposing penal fees of Rs 10,000/ per paper for students of the academic year 2017-18 for clearing backlog papers, as arbitrary, unjust, and violative of Articles 14 and 21 of the Constitution of India. The Petitioner contended that he belonged to the Schedule Caste Community and such a high amount was a financial burden.
The Court noted that per the existing rules of the university, a student must complete the six-semester three-year course within a maximum of 5 years (3+2). These guidelines were approved by the Osmania University Standing Committee of the Academic Senate and are in line with the UGC's recommendations. Moreover, the Court noted that the deadline for payment of examination fees with a late fee had already passed.
Furthermore, the Court directed the University to reconsider the case of the petitioner and pay the regular exam fee for each backlog subject without imposing any penalty fee. The Court reiterated that education is the foundation that shapes the future of a student, which, in turn, shapes the future of society as a whole.
Therefore, the Court directed the University to consider the Judgment of the Apex Court and notify the Student accordingly within four weeks from the date of the order. Accordingly, the Court disposed of the Petition.
Cause Title: K. Pramod v The State of Telangana and others
