The Telangana High Court has ordered Osmania University to make a significant change in its approach to students with backlog exams. This change is focused on the fees that students are required to pay to appear for these exams. The Court, in its decision, recognized the importance of affordable access to education and emphasized that education plays a crucial role in shaping the future of both individual students and society as a whole. The issue at hand was related to a specific student who had enrolled in a Human Resource Development Degree program. This student faced the challenge of clearing nine pending backlogs within two years after completing a three-year Bachelor of Science course. The university had told students from certain academic years that they could retake exams they missed. But, they were asked to pay a very high penalty fee of INR 10,000 for each subject they wanted to reattempt. This fee was seen as unreasonable and difficult to afford by the students.
The penal fee was financially burdensome:
The student, who belonged to the SC/ST community, argued that the penal fee was financially burdensome. In the following year, the University had introduced a smaller fine of one thousand rupees for every exam paper that students had not passed previously. This was a more affordable option compared to the previous year’s high penalty fee of INR 10,000.. However, the penal fee in 2023 was considered exorbitantly high without any justifiable reason. The University, on the other hand, contended that the amount of the penal fee was determined after due consideration by the Osmania University Standing Committee of the Academic Senate.
The university further explained that students from the academic year 2017-2018 were ineligible to appear for their backlogs since two years had elapsed since their graduation. Nevertheless, for the benefit of the students, the University had issued the said notification. The university also argued that it had incurred substantial expenses to conduct the examinations for a very small number of students, which justified the high penal fee. A detailed list of expenses incurred was presented to the Court for reference.
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The University stated that for the year 2022, the penal fee was lower compared to the current year, as it was reduced due to the impact of the COVID-19 pandemic and the resulting loss of livelihood. The Court, after hearing both sides, concluded that the penal fee was exorbitant and, as such, was illegal and arbitrary.
The Telangana High Court referred to the judgment:
To support its decision, the Court referred to the judgment of Narayana Medical College Vs. State of Andhra Pradesh & Others. This judgment highlighted the principle that education could not be viewed as a profession, as this would defeat the purpose of the Education Act. The Court found that this principle applied to the impugned notification dated 05.12.2022, which imposed penal fees of Rs. 10,000 per paper for students of the academic year 2017-18. This fee was deemed arbitrary, unreasonable, and without any justification, thereby violating Articles 14 and 21 of the Constitution of India.
In light of these findings, the university was directed to promptly reconsider applications from students and reevaluate the penal fee structure within four weeks, adhering to established legal principles. This decision aimed to ensure that students had a fair and affordable opportunity to clear their backlog exams, upholding the principles of justice and equality. The Court recognized the crucial role of education in shaping the future and sought to remove financial barriers that hindered students in their pursuit of knowledge and better opportunities in life.
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