JAIPUR: The Rajasthan High Court on Friday declared illegal the provision for levying penalty as per the Private Colleges Policy, issued by the commissioner of college education under the Rajasthan Non-Government Educational Institutions Act, 1989, and directed the department to refund the entire amount within two months.
The failure to return the penalty within two months would attract an interest of 6%.
The single bench of Justice Samir Jain issued the order on a petition filed by Sita Devi Educational Society, Bhilwara, and others challenging the provision of imposing penalty on private colleges for deficiencies in giving temporary recognition, said Mahendra Shah, one of the counsels for the petitioners.
"The penalty provisions in the Private Colleges Policy are illegal on account of the fact that the commissioner, college education, or any other authority has not been delegated powers under the Act of 1989," said the court order.
"The penalty provisions imposed under the respective clause of the Private Colleges Policy for the year 2015-2016 and for future years for the academic session 2018-2019 and 2021-2022 are illegal and need to be set aside," the order said.
The court directed the amount refunded to colleges to be deposited by the respective colleges in the ‘student welfare fund' and use it for purposes such as clearing the dues of students who are unable to pay fees, medical care, library, and for other amenities and facilities required for students.
It also directed to ensure that the students do not suffer on account of the present dispute, and not to withhold their results, mark sheets, admit cards, or other documents.
"No student should be deprived of appearance in any future examination or appearance on account of the present dispute as the petitioners have submitted that the non-declaration of result is causing prejudice to the students for appearing in future examinations, including competitive examinations," the court said.
