To, Date: 23rd July 2020

The Hon’ble Chief Justice

And Other Companion Judges of High Court of Gujarat

Subject: Letter Petition

Lordships,

The applicant most respectfully showeth:-

1. The students of Nirma University beg to submit that by circular dated

01-07-2020 [ANNEXURE A], the institute is demanding full fees from all
students. The notification has been issued without keeping into due
consideration the practicalities. The in-question decision has been clearly
passed without application of mind and giving due regard to the
disproportionate impact the lockdown had on the livelihood of families of
the students.
2. The relationship between a student and a college has two unique aspects.
First, colleges do not provide a traditional service for profit as defined
under commercial laws but serve a public good. Second, students do
not have the same bargaining power as the college and thus the
college has certain leverage over students. To this end, COVID-19 has
highlighted such gaps in our education regulatory system and how it has
negatively impacted the rights of students.
3. Here it must be noted that a fair balance would provide that if there is any
reduction of cost, there should also be a proportionate reduction in the
fees. If the benefit of reduction is not shifted to the students, it would lead
to colleges earning beyond the standard set by the law and thus, would be
considered illegal. Hon’ble Supreme Court, in its 5-Judge Bench decision
in Modern Dental College v. State of Madhya Pradesh (2016 7 SCC
353) has reiterated that a University cannot charge a fee that is beyond
the purpose of fulfilling the object of education. In simpler terms, a
university is not allowed to profit from running an educational institution.
The Hon'ble Supreme Court has regularly reiterated that education is not
a business but a charity. Having such a moral outlook towards
education has further allowed the Supreme Court to limit the scope
of fees of colleges only to the extent of cost of running an institution
and a reasonable surplus. Any income beyond this standard would be
considered as profiteering which has been explicitly held to be illegal.
In light thereof, it is fairly difficult to believe that the university is
 expecting to incur MORE cost than would have in any other normal
academic year. It is also saddening to note that the university has not
found it just to reasonably explain its stance on the issue of fees or to
make an attempt to justify the unreasonable non-relaxation provided to
the student community. UGC has already released a circular suggesting
higher educational institutions to address the grievances regarding fee
payment in a ‘considerate manner’ in the present time of crisis keeping in
view the present COVID-I9 Pandemic. [ANNEXURE B]
4. The institute was functional only for one and a half months previous
semester, for the rest of the time, the institute was closed and thus
remained completely unused by students and for most of the time by
faculties. But the university has unjustifiably failed to provide any
reasonable explanation towards the refund or adjustment of ‘balance
amount’ for the previous semester till date.
5. To mock the misery of the concerned stakeholders, the university has
outrightly conveyed on 22.07.2020 [ANNEXURE C] that ‘cost per
student would go up’ in online learning methodology and that fee be
paid on time to ‘avoid any inconvenience’. It also conveyed that, ‘in
this regard no further communication shall be entertained’. If the
interests of students are to be fairly kept in mind in order to strike the
sought-after balance, such a decision without taking into due
consideration the realities and circumstances of students, is extremely
regrettable and reflects a myopic approach to deal with the impending
issues at hand. It is illogical, irrational and manifestly arbitrary to say
that online teaching will incur MORE cost.
6. Violation of the right to equality is determined not by looking at the intent
of the State action, but by its effect. The effect of a lockdown – with the
shutting of establishments and physical workspaces, and bans on
transportation – is disproportionately felt by numerous families of Nirma
University students whose job description made ‘work from home’
impossible. This disproportionate impact, in fact, is directly linked to
socio-economic class - a relevant ground under equality law.
Consequently, where the nationwide lockdown had disproportionate
impacts upon the livelihood of student families, prima facie
attracting Article 14; there exists a positive obligation upon the
University to appropriately mitigate the disproportionate impact that
has been caused by the state’s decision to order and enforce a lock-
down. The need for such positive obligations is also enhanced by the
consequent and continuous abrogation of the right to meaningful
existence under Article 21. Furthermore, to demand full fees as
 previously demanded, which obviously includes numerous charges
NOT being utilized in the online teaching is sheer arbitrary.
Therefore, the move is manifestly arbitrary, illegal and thus
unconstitutional being hit by Article 14 of the Constitution. Hon’ble
Supreme Court in EP Royappa v. State of Tamil Nadu, (1974) 4 SCC 3
had held that equality under Article 14 of our Constitution had a
substantive content which, simply put, was the antithesis of arbitrariness
which pervades the entire constitutional scheme and is a golden thread
which runs through the whole of the fabric of the Constitution.
7. Further, as per Rule 34A of Academic Regulations Published vide
Notification no. NU-442, dated 27.1.2004 the fees of the university has to
be decided by the Director General in consultation with the Board of
Governors [Annexure D]. But as per the official website of Nirma
University the last meeting of the board was conducted on 28-09-2019
[Annexure E]. This proves that the university is unwilling to change its fee
structure even in these uncertain times. Furthermore, the prevalent
situation indubitably warrants from the university to arrange and provide
for special considerations in these unprecedented times. Appropriate
relaxations are a bare minimum threshold that the University should have
ideally met without any external calling.
8. The Institutes’ Student Grievance Redressal Committee on behalf of the
students had submitted the fee related grievances to the Dean and
Director of the Institute, but the same was not resolved by the concerned
authorities. Apart from this the students also submitted a signed petition
to the university. If the University insists on charging the regular
exorbitant amount of fees from all students, it will be failing in its duty to
protect the students as a consequence of its unilateral actions which
ultimately violates their right to access education.
9. In view of the aforesaid, it is most humbly prayed:

a. that this Hon’ble Court be pleased to take suo-moto cognisance in

the matter and may be pleased to stay the notification dated
01.07.2020;

b. that this Hon’ble Court may ask the university to waive off a part
of the fees being charged and accordingly refund the proportionate
fee of those students who have already paid;

c. that this Hon’ble Court may ask the university to provide for an in-
detail bifurcation of fees;
d. that this Hon’ble Court may be pleased to declare the notification
arbitrary, illegal & unconstitutional

e. this Hon’ble Court may be pleased to pass any other Order as it

deems fit so as to do complete, equal and fair justice to the students;

We sincerely hope that this Hon’ble Court will be pleased to issue

appropriate directions in order to avoid unfair, unjust and unequal
treatment to the students.

Yours faithfully,

Students of Nirma University

Mansi Singh
Khushi Kundalia
Shivangi Garg
Mayank shyamsukha

Prakhar Gupta
Ritu Sharma
Himanshu charan
Deep Hirani

Milind Parikh
Shreya Ahuja
Rohan Patel
Rahil P Raval

Kajal Singh
Mosam Desai
Vishwas Chitwar
Hitesh Jain
Shanelle
Adesh Arora
Sanskar jain
Mahima Jain
Nivrati Gupta
Kahinee Bhatt
 NIRMAUNIVERSITY
INSTITUTE OF LAW

Warm Greeting !!!

We hope each one of you and your family members are keeping good health. We are glad to inforrn you that we are going to start
online sessions for the current academic year from 6th July 2020. The students will be informed about the details of the
arrangement made to ensure the smooth conduct of online classes by the concerned departrnent separately.

All eligible students of BA.LLB and B.ComLL.B Batch20l9-2024,2018-2023,2017-2022 and2Ol6-2021 for 3'd ,5s , 7ft and 9m
Semester respectively are required to pay their fees as per the table given below from 06th July to 05th August 2020.

Mode of Pavment:

, Payment throuqh pavment satewav: The Link for the payment will be displayed at Nirma University Website
https://nirmauni.ac.in/ ,Under the quick links option of Online Fees Payment, students can make the payment by entering their
roll number.

For B.A. LL.B AND B.COM LL.B - General

Sr"No. Particular 2019-2024 2018-2023 2017-2022 2016-2021

Semester 3r,l 5th 7t\ g'h

1. Fee Rs . 1,08,650/- Rs. 1,00,600/- Rs. 94,0001- Rs. 75,000/-

.,
Examination Fees, Rs. 3,500/- Rs. 3,500/- Rs. 3,500/- Rs. 3,500/-
Semester Grade Report,
etc:

Total Rs. 1,12,150/- Rs. 1,04,100/- Rs.97,500/- Rs.78,500/-

For B.A. LL.B AND B.COM LL.B - NRVPIO

Sr.No. Particular 2019-2024 # 201.8-2023 # 2017-2022 @ 2016-2021 @

3.d 7th gth

Semester 5th

I Fee Rs. 2,83,8751- Rs . 2,83,875/- Pis.2,64,9501- Pts.2,64,9501-

,,
Examination Fees, Rs. 3,500/- Rs. 3,500/- Rs. 3,500/- Rs. 3,500/-
Semester Grade Report,
etc :

Total R:s.2,87,3751- Rs.2,87,375/- Rs.2,68,450/- Rs.2,68,450/-

# For NRI & PIO students Fee $ 3750x75.70 for Batch2}l9 and 2018,
@For NRI & PIO students Fee $ 3500*75.70 forBatch2}l7 and20l6
Rate taken from The Kalupur Bank dated 0I.07.20 i.e. rate offust working day of July 2020.
For B.A. LL.B AND B.COM LL.B - GtiLF

Sr.No. Particular 2019-2024 2018-2023 2017-2022 2016-2021

Semester 3rd 5th 7th gth

1. Fee Pts.2,27,100/- Pts.2,27,100/- Pts.2,27,1001- ks .2,27,1001-

) Examination Fees, Rs. 3,500/- Rs. 3,500/- Rs. 3,500/- Rs. 3,500/-
Semester Grade Report,
etc:

Total Rs.2,30,600/- Rs.2,30,600/- Rs.2,30,600/- Rs.2,30,600/-

@For GULF students Fee $ 3000x75.70 for Batch2019,2018,2017 and2016

Rate taken from The Kalupur Bank dated 01.07 .20 i.e. rate of first working day of July 2020.

Date 01.07.2020

Copy To: General Notice Board/ All Students/ Student Section/ All HODS/ Accounts Section
 ffi
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{f{d Ph :. 0t 1.2323 6288123239337
Prof. Rajnish Jain Fox:01 l-2323 8858
Secretary E-moil I secy.ugc@nic.in

D.O.No.F. I -l 12020 NGC (Tf -C OVID- I 9/Fee) 27th N4ay 2020

Subject: Payment of fees - regarding

Dear Sir / Madam,

As you are aware, the UGC on29th April, 2020 issued the Guidelines on Examinations and
Academic Calendar in view of the COVID-19 Pandemic. The universities have been advised to
plan their activities keeping in view the safety and interest of our stakeholders, giving highest
priority to the health of all concerned.

To address the grievances/concerns of the students arising out of the COVID-19 Pandemic
situation, the UGC has set up a helpline and has also created an email. Further, on the existing
Online Students Grievance Portal of UGC, a new Tab of COVID-19 related grievances has been
created and the students can also lodge their specific grievance(s)/concem(s) arising out of
COVID-19 pandemic on the portal. All these are being monitored by a Task Force of UGC which
considers the concerns/grievances and addresses them appropriately.

We have received grievances from the students and parents stating that universities and
colleges are insisting upon immediate payment of annual/semester tuition fee, examination fee,
etc. They have represented that due to the financial hardship being faced due to the lockdown,
they are not in a position to make payment of fee.

It is requested, that in view of the prevailing extraordinary difficult circumstances,

universities and colleges may consider the matter regarding payment of annual/semester fee,
tuition fee, examination fee, etc. sympathetically and if feasible, may consider offering alternative
payment options to students till the situation returns to normal. If need be, the universities and
colleges may also consider individual requests from students, received if any, concerning payment
of fee, in a considerate manner, keeping in view the present COVID-I9 Pandemic.

Looking forward to your support.

With warm regards,

Yours sincerelv
n
6d,',4
(Rajriish Jain)
To
l.The Vice Chancellors of all universities
2. The Principals of all colleges

Copy for information to:-

1. The Principal Secretary/ Secretary to the Governors of all States/ Lt. Govemor of all Union
Territories
2. The Principal Secretary/ Secretary, Department of Higher Education, all State Governments/
Union Territories
 CHAPTER - 2

* Academic Regulations for admission to the University, Eligibility Criteria,

Conduct of Examination, Institution of Faculties, Dean of Faculties etc.

Definition:

1. Act: Act means Act of the Nirma University of Science and Technology.

2. Courses: Here the courses means the entire programme at the end of which the
Students will get Degree or Diploma or Certificate.

Admission: R–1

Every candidate for admission as a student of this University for different

courses shall have to pass the qualifying examinations prescribed for the
respective courses in the University including such other test of fitness if
prescribed for a particular course.

R–2

No student seeking admission to this University shall be admitted to any

Course of this university after expiry of one month from the date of
commencement of any term / semester / trimester as the case may be.

Provided, however, that if the Director General is satisfied that there was
sufficient reason for delay on the part of the student seeking admission as
aforesaid, he may admit the student to the institution notwithstanding
anything contained the expiry of one month, if he has a reason to believe
that the student would be able to meet with the academic requirements.

Enrolment: R–3

The student who is admitted at the first time to any course run by this
University shall also apply after admission for the enrolment certificate
in the prescribed form with prescribed fee.

Eligibility R–4
Certificate:

(1) No student from other University or a Board of Secondary or

Higher Secondary of outside Gujarat or any examining body
seeking admission to any course of this University shall be admitted
without eligibility certificate.

___________________________________________________________________________
* Published vide Notification no. NU-442, dated 27.1.2004 (BoG mtg.-6.12.2003, reso.-1(e) & (4)

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Verification of R – 32
Marks:
After the declaration of result of the term / semester end examinations as
well as the sessional / internal test examinations, if any student has any
grievance about the marks / grade obtained, he may apply in the
prescribed proforma to the Deputy Registrar (Examination) of the
University within a weeks time with the fees prescribed for the
verification of marks and the said verification will be completed within
10 working days from the date of the receipt of application and convey
the final outcome of the verification to the student concerned. These
verifications includes following:

1. Whether all questions attempted by the candidate have been

assessed and this assessment is included in the overall performance
sheet of the candidate for assigning grade.

2. Whether there is a totaling / calculation mistake in marks / grade.

HAward of R – 33
Semester
Grade
Report and 1. Students passing the Degree / Diploma programme in which they are
Degree: registered will become entitled to the award of a Degree / Diploma in
the respective programme, in the form of a Certificate.
2. Students will also be given a Semester Grade Report at the end of each
term and a consolidated Semester Grade Report at the completion of
their Degree / Diploma Programme. The Semester Grade Report will
show course wise performance of the candidate, Progressive Grade
Point Index (PPI) and Cumulative Grade Point Index (CPI) as
applicable.

Fees: R – 34

The fees to be charged for different certificates / services etc., shall be

decided by the Director General on the recommendations of the Committee
to be constituted by him from time to time.
IR – 34A

The Director General shall decide the fee structure of the different courses
to be taught under the Nirma University of Science and Technology on the
recommendations of the Committee constituted for the purpose by the
President from time to time and shall be reported to the Board of Governors
in its next meeting.
______________________________________________________________________________________________________________________________
HRe lace o d T an c i b G ade Re o ide No i. NU-753, 17.11.2005,BoG mtg-26.10.2005, reso-5(a)
I Added vide Notification no. NU-82A dated 26.4.2004, BoG mtg.-31.3.2004, reso.-14

- 39 -
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