"Charge Only 50% Of Hostel Rent From Students For COVID Period": P&H High Court Directs RGNUL To Refund Additional Amount

The Punjab and Haryana High Court on Monday directed the Rajiv Gandhi National University of Law, Patiala to charge only 50% of the hostel rent from the students for the COVID period and would refund the remaining amount to the students (if so deposited) within a period of four weeks.

The bench of Justice Augustine George Masih and Justice Vikram Aggarwal took note of the fact that the University had charged only 25% of the rent from the contractors of the mess, canteens, shops, etc., and this, it observed, there was absolutely no justification in charging the entire hostel rent from the students.

"Those were tough times for everyone. The students were out of the hostel rooms not out of choice but out of compulsion. Their belongings were left in the rooms. There was panic and fear all around. Those who did not have secure jobs were suddenly faced with loss of income. While people were trying to make their two ends meet, the burden of fee etc. was putting them under additional pressure. The institutions also suffered because they had to maintain huge buildings, staff etc. If one weighs all these facts, there does not appear to be any justification for charging the entire hostel rent from the students especially when only 25% of the rent had been charged from the contractors of mess, shops, canteens etc," the Court remarked.

Essentially, the Court was dealing with a Letters Patent Appeal filed by undergraduate students of the RGNUL challenging a single-judge order dismissing their writ plea seeking a direction to the university administration to reduce/waive fees under various heads.

Before the Division bench, restricting his argument to only seeking a reduction in the hotel fee, the Senior counsel Chetan Mittal for the appellant submitted that it was highly unfair that only 25% of charges were taken from the Contractors of mess, shops and canteens whereas full rent has been charged from the students on the ground that possession of the rooms was with the students.

It was also submitted that the students were in possession of the rooms not out of choice but out of compulsion as it was difficult for anyone to return to the premises on account of the pandemic. 

On the other hand, the University administration submitted that the hostel rent is being charged by the University as a part of the composite fee and, therefore, it would not be possible to segregate the fee under different heads.

It was also argued that out of the effective fee of Rs.1,86,000/- per student, the students have already been given a rebate of Rs.14,782/-. Further Rs.5,000/- the increase has not been charged and in addition, thereto, Rs.3600/- per student has also been refunded and thus, a relief amounting to Rs.23,382/- per student has already been provided.

Finding no justification in the decision of the university to charge 100% hostel fee from students during the COVID period, the Court directed the university administration that in addition to the benefit that has already been given to the students, it would charge only 50% of the hostel rent from the students for the period in question and would refund the remaining amount to the students (if so deposited) within a period of four weeks

"Since respondent No.2 would still be left with 50% of the hostel rent, the same, in our considered opinion, would be sufficient for the expenses which respondent No.2 may have incurred on the repair and maintenance of the hostel rooms, post the pandemic," the Court said as it disposed of the plea.

Case title - Aditya Kashyap and others v. State of Punjab and another [LPA-716-2022]

Case Citation: 2022 LiveLaw (PH) 301

Click Here To Read/Download Order