'Systematic Discrimination': Karnataka High Court Pulls Up College For Charging Tuition Fees From Student Admitted Under Supernumerary Quota

"The implementation of supernumerary quota in educational institutions aims to foster inclusivity and provide equal opportunities to underrepresented groups. However, a disturbing trend has emerged where some educational institutions engage in wrongful conduct by charging fees to students admitted through the supernumerary quota,” the Karnataka High Court observed recently.

A single judge bench of Justice Sachin Shankar Magadum was dealing with a case whereby an Engineering college in Mysore had adjusted the scholarship amount awarded to a student admitted under the supernumerary quota, towards her tuition fees.

The bench underlined that Articles 15(6) and 16(6) of the Constitution enable the State to provide the benefits of reservation on preferential basis to the Economically Weaker Sections (EWSs) for admission in Educational Institutions. As such it held the college perpetuated systematic discrimination and denied the opportunities which the petitioner was legally entitled to receive by indirectly charging tuition fee from her.

It observed,

"The Hon’ble Apex Court by upholding the EWS reservation policy, has given its imprimatur to the idea that reservations can be provided to accord protection beyond caste-identities and can be carved out for the economically vulnerable sections of people. This has expanded the logic of affirmative action in India as, since independence, reservation policy has been perceived as an extreme tool for protection of only the historically marginalised caste-based communities to mitigate the social exploitation, discrimination, and backwardness of the vulnerable caste groups.”

Court said if unaided private Engineering Colleges having formed an association and have entered into consensual agreement with the State Government to extend scholarship to socially and economically weaker sections, then action of respondent–College is "highly questionable". It said the college lost sight of the fact that the supernumerary quota is a necessary step towards rectifying "historical injustices" and fostering a more diverse and inclusive society.

“Charging fees to students admitted through the supernumerary quota directly contradicts the principles of affirmative action by way of amendment to Articles 15(6) and 16(6). Charging fees to these students disproportionately impacts these communities, making it even more challenging for them to access higher education. Respondent No.6- College by charging fees has violated legal mandate and has breached ethical obligations to provide equitable opportunities to underrepresented group,” it observed.

Accordingly, it allowed the student's petition and directed the College to refund her fees and forthwith return original 8th Semester Marks Card, Transfer Certificate, Convocation Certificate and Degree Certificate of the petitioner within a period of two weeks.

Court also directed the college to pay a sum of Rs.1,00,000, by way of separate demand draft for having compelled the petitioner to knock the doors of the Writ Court.

Further, it directed the Vishveshwaraya Technological University to issue a show cause notice against the college, for having illegally collected the tuition fees when the petitioner admittedly was allotted a seat under special Category "Supernumerary Quota" and thereafter, proceed to take appropriate action against it.

Case Title: Adity Deepak Kumar And State of Karnataka & Others

Case No: WRIT PETITION NO.11724 OF 2023

Citation: 2023 LiveLaw (Kar) 278

Date of Order: 27-06-2023

Appearance: Advocate Bola Vedvyas Shenoy for Petitioner.

AGA Kavitha H C for R1, R2.

Advocate N K Ramesh for R.2 R.3.

Advocate Ambarish for Advocate Santosh S Nagarale FOR R.4 AND R.5.

Advocate Naveen G S for R6.

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