Telangana HC Directs Intermediate Education Board To Accept Exam Fees Of Students From Unrecognized Colleges Without Imposing Late Fee

While hearing an association's plea against imposition of "exorbitant penalties" on its colleges operating in mixed occupancy buildings for academic year 2024-2025, the Telangana High Court directed the State Intermediate Education Board (TGBIE) to accept the examination fee of students without insisting on payment of late fee Rs. 2,500.

This the court said would be subject to the condition that the "penalties imposed and normal examination fee" is paid on or before January 25 by each of the petitioner's member colleges.

Justice T. Vinod Kumar was hearing a writ petition by the petitioner–Telangana Private Junior College Management Association praying to waive off the late fee imposed by the State's Education Department and Telangana Board of Intermediate Education (TGBIE) on its colleges, claiming that it was seeking to protect the interest of the students who are required to now pay an additional amount of Rs 2,500 as late fee for writing final examination scheduled for March. 

The petitioner had argued that though the Government had issued a G.O. on January 15 "granting exemption for a period of one year from requirement to obtain Fire NOC under Telangana Fire Service Act", the respondent authorities were continuing to impose penalty and also not granting recognition to the petitioner's member colleges, resulting in the students who have secured admission into petitioner's member colleges not being able to pay the examination fee in time.

The court in its order noted, "Though on behalf of the petitioner it is contended that on account of levy of penalty by the respondents, the students who have secured admission into petitioner's member colleges are unable to make payment of the examination fee in order to sit for of 1st and 2nd year Intermediate examination to be held in the month of March, 2025, as it is now stated to this Court, that the petitioner's member colleges would pay penalties as imposed by the respondents and that the petitioner's member colleges are only seeking for waiver of late fee of Rs. 2,500  to be paid by each of the student for non-payment of examination fee in time in terms of notification dated 25.11.2024, keeping the interests of students in mind this Court is of the view that while the petitioner's member colleges are to be directed to pay the penalty amount as per the notices issued/reflected in the website of the respondents, the respondent authorities are to be directed to accept the examination fee payable by the student without insisting for late fee, subject to condition the penalties imposed and normal examination fee is paid on or before 25.O1.2025 by each of the petitioner's member colleges". 

Insofar as the "payment of late fee" of Rs.2,500 per student was concerned, the court directed that each of the petitioner's member colleges shall furnish a Bank Guarantee from a Nationalised Bank of an amount equivalent to number of students @ Rs.2,500/- per student on or before January 28. 

On the petitioner association making the payments and also furnishing bank guarantee on or before January 28  the court directed that the respondent authorities shall process the application and allow the students studying in the petitioner's member colleges to take/sit in final examination scheduled for March 2025.

Per contra, the Additional Advocate General appearing on behalf of the State argued that the penalties levied by the State had nothing to do with the late fees being sought. It was contended that on January 17 the government had extended the last date for payment of examination fee with a late fee of Rs.2,500 upto January 25 in oder to accommodate the students. 

The matter is next listed on January 28. 

Case title: Telangana Private Junior College Management Association vs. State of Telangana and Another

Counsel for petitioner: M/s D Mani Chandana

Counsel for respondents: GP for Higher Education, AAG and Sr. Counsel Imran Khan.

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