Karnataka High Court Quashes State Law University's Circular Enhancing Student Registration Fee Citing Lack Of Statutory Backing
The Karnataka High Court has quashed a circular issued by Karnataka State Law University enhancing the fee structure for registration of students for the 5-year and 3-year courses.
Justice R Devdas passed the order while allowing a batch of petitions filed by Pranava KN and others, all law students.
Prior to the circular dated 02-07-2025, the respondent-University was levying and collecting University Fees and charges at the rate of Rs.3,700, from every student. However, by the circular the charges were enhanced to Rs. 8,580.
The court said “As rightly submitted by the learned Senior Counsel appearing for the petitioners, although Section 5 of the (Karnataka State Law University) Act empowers the University to demand and receive fees and other charges, nevertheless such levy and collection of fee should be provided for by the Statutes, Regulations or Ordinances. No material is placed by the respondent-University showing the enactment of such Statutes, Regulations or Ordinances in the matter of levy and collection of fees and other charges.”
It added “The Syndicate of the University is also empowered to charge and collect such fees, as may be prescribed by the statutes. There being no such statutes providing for levy and collection of fees, the impugned Circular is not valid.”
Senior Advocate K G Raghavan for the petitioners argued that Section 5 of the Karnataka State Law University Act, 2009, empowers the University to demand and receive fees and other charges. However, such power is subject to provisions of the Act and such conditions as may be prescribed by the Statutes, Regulations and Ordinances. However there are no statutes, regulations or ordinances prescribing such powers, therefore the impugned circular is illegal and without authority of law.
The University contended that the Academic Council is empowered to make regulations regarding the courses of study insofar as they are not covered by the Ordinances, as provided in Section 34(2)(ii) of the Act.
Further, the Vice-Chancellor is the ex-officio Chairman of the Academic Council, as provided in Section 33 of the Act and the Syndicate of the University is empowered to charge and collect such fees as may be prescribed by the statutes, in terms of Clause (xxiii) of Section 30 of the Act.
As the students had no grievance for levy and collection of the fee till the previous academic year, therefore, cannot contend that the respondent-University is not empowered to levy and collect fees.
However, allowing the petitions the court directed that excess fee collected having regard to the immediately previous Circular, shall be refunded to all the students, irrespective of whether such students are parties to these proceedings or not.
The excess fee shall be refunded by the respondent- University as expeditiously as possible and at any rate within a period of two months, the court added.
Appearance: Senior Advocate K.G Raghavan for Advocate Shankara J Sreedhara for Petitioners.
Advocate Girish Kumar FOR R1 & R2.
Advocate Madhukar S for R3.
Citation No: 2025 LiveLaw (Kar) 365
Case Title: PRANAVA K N & Others AND The Karnataka State Law University & Others
Case No: WRIT PETITION NO.23190/2025 (EDN-RES) C/W WRIT PETITION NO.23985/2025 (EDN-RES) WRIT PETITION NO. 24257 OF 2025.