Supreme Court Dismisses RGNUL’s Plea Challenging HC Order To Charge Only 50% Hostel Rent From Students For COVID Period

While passing the impugned order, the High Court had noted that the University had charged only 25% of the rent from the contractors of the mess, canteens, shops, etc., and it observed, that in such a backdrop there was absolutely no justification in charging the entire hostel rent from the students. A Division Bench of the Supreme Court comprising Justice B.R. Gavai and Justice Vikram Nath also took note of the same and refused to entertain the University’s plea.

The Counsel appearing on behalf of RGNUL submitted that it has considered the rights of the students and certain discounts in the fee has already been granted. However, he attempted to point out a mathematical uncertainty.

He added that funds are not forthcoming from the State Government.

“However, we are in extreme arrears from the Govt. State is not providing us with any funds.”

Justice Gavai asked the Counsel to pursue litigation against the Government, if funds are not being provided to the University by it.

The impugned order was passed in a Letters Patent Appeal filed by undergraduate students of the RGNUL challenging a single-judge order, that dismissed their writ plea seeking a direction to the University administration to reduce/waive fees under various heads.

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 should charge only 50% of the hostel rent from the students 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 High Court noted.

[Case Title: Rajiv Gandhi National University of Law v. State of Punjab And Ors. SLP(C) No. 924/2023]