High Court Stays Madras University's Demand For Payment Of Annual Affiliation Fee By Autonomous Colleges

The Madras High Court on Monday stayed the demand made by the University of Madras for payment of annual provisional affiliation fee in respect of each aided and un-aided courses offered by 5 Autonomous Colleges in Chennai namely, Loyola College, Madras Christian College, Women's Christian College, New College and Stella Maris College.

The bench of Justice Anita Sumanth stayed the demand, agreeing with the arguments of the petitioner colleges that the University had been making the demand without resolution of the University Senate and without the Governor-Chancellor's assent.

Background

The petitioners are private colleges affiliated to the University of Madras. The University has jurisdiction over the colleges located in four districts namely Chennai, Chengalpattu, Kancheepuram and Thiruvallur. The statutes of the University provide for affiliation of the college either permanently or temporarily/provisionally. 

A college will be granted permanent affiliation if it fulfills all the conditions as prescribed and recommended by the Inspection Commission and after the first batch of students complete the course. If a college does not obtain permanent affiliation, the temporary affiliation shall continue till those norms are met. These conditions shall be applicable to evening colleges also. 

If a college wishes to obtain affiliation, it shall apply for affiliation by paying the prescribed affiliation fee. Different fee is collected for UG and PG courses as per the Statutes of the University. 

In the year 2016, amendments were brought in to the Statute introducing "Affiliation fee for continuation of affiliation for each course". The colleges were informed that the University collects continuation of affiliation fee for each course Rs. 25,000/- as per the Statutes under Chapter XXVI - "Affiliation and Approval of Colleges"- 25.3 of the University Calendar, Volume I, 2016. It was further informed that though the fee is being paid for a new batch of courses by colleges, it is mandatory to pay this fees every year in order to continue the affiliation status alive. 

The petitioner college and other similar autonomous colleges have challenged this order of the University demanding continuation of affiliation fee on the ground that the same is without authority, illegal, arbitrary and void. The Petitioner and other stakeholders were neither given any notice nor given an opportunity of hearing before demanding the fee.

The petitioners further contended that this amended clause was not approved by the Senate and has not received the assent of the Chancellor. Further, the new clause was introduced without consulting with the Academic Counsel. Thus, the amendment was introduced without following the statutory procedure and cannot be given effect to. 

The petitioners also argued that the University only has powers to affiliate colleges to the University. This power does not include powers to demand fee for Continuous Provisional Affiliation.

It was also submitted that the sudden insistence on payment of continuation of affiliation fee would erode the reasonable revenue surplus of the college and unreasonably restrict their right to establish and administer educational institutions as per Article 30(1) of the Constitution of India.

The Petitioners thus sought for quashing the orders of the University seeking continuation of affiliation fee and a stay on the same during pendency of the proceedings. 

Case Title: The Principal, Loyola College v. The State of Tamil Nadu and Ors.

Case No: W.P 9443 of 2022

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