Holy Angel Law College vs. Veer Madho Singh Bhandari Uttarakhand Technical University
Facts
The petitioner, Rbs Law College, is seeking affiliation from Veer Madho Singh Bhandari Uttarakhand Technical University. The University has demanded an affiliation fee of ₹1.00 lakh plus GST for each course, which the petitioner contends is contrary to the Government Order dated 14.12.2016. The petitioner argues that the University cannot levy fees beyond the mandate of the Act and Government Orders without amending its statutes. The University, however, states that the affiliation fee is being charged as per a decision of its Executive Council taken on 27.03.2023. The petitioner's counsel ultimately requested that the writ petition be disposed of by permitting the petitioner to make a representation to the Competent Authority.
Held
The Court noted that the learned counsel for the petitioner confined the relief sought to a direction for the Registrar of Uttarakhand Technical University to decide a representation to be made by the petitioner. Consequently, the writ petitions were disposed of with liberty to the petitioners to make representations within two weeks. If representations are made within the stipulated time, the Registry of Uttarakhand Technical University shall take a decision thereon as per law within eight weeks thereafter. The Court did not make a definitive finding on the legality of the fee demanded or the authority of the University to levy such fees, as the matter was resolved by directing the University to consider the petitioner's representation.
Key Issues
1. Whether the Respondent University has the authority to levy affiliation fees beyond the mandate of the Act and Government Orders, specifically concerning the fee demanded of ₹1.00 lakh plus GST per course, contrary to the Government Order dated 14.12.2016? (Question of law) Contentions: Petitioner: The University cannot demand affiliation fees beyond what is prescribed in the Act and Government Orders without amending its statutes. The fee demanded is arbitrary and contrary to the Government Order dated 14.12.2016. The petitioner relies on the Government Order dated 14.12.2016 and the affiliation process schedule outlined in Letter no 856/VMSBUTU/2026-27 dated 16-06-2026. Respondent University: The affiliation fee is being charged as per a decision taken by the Executive Council in its meeting held on 27.03.2023.
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UKHC010130762026
2026:UHC:7331 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2256/2026 Rbs Law College
…Petitioner Versus Veer Madho Singh Bhandari Uttarakhand Technical University --Respondent With WPMS/2279/2026 WPMS/2280/2026 Hon’ble Manoj Kumar Tiwari, J
Dr. Govind Singh Lathwal, learned counsel for the petitioners.
Mr. Bhupesh Kandpal, learned counsel for respondent no. 1. 3. Mr. R.S. Kunwar, learned Additional C.S.C. for the State of Uttarakhand.
Since common questions of law and fact are involved in these petitions, therefore, they are being heard and decided together. However, for the sake of brevity and convenience, facts of WPMS No. 2256 of 2026 alone are being considered and discussed.
By means of this writ petition, petitioner has sought the following reliefs:-
(i) To Issue an appropriate writ, order, or direction and quash the arbitrary affiliation process fee demands made by Respondent University via letter no 207/VMSBUTU/2023 dated 18/04/2023 issued
The judgment continues below.
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