Justice K. Lakshman of Telangana High Court on Tuesday allowed the writ petitions filed by private engineering colleges, permitting them to collect enhanced fees from the students.
The enhanced fee was for the block period of 2022-23 to 2024-25. The judge, however, made it clear that the collection of fee was subject to the final judgement to be delivered.
The judge said the colleges should indicate to the students about their pending petitions and the court’s interim order so that the latter can exercise their options. The differential amount between the enhanced fees and the previous fees should be kept in the accounts of the colleges.
They should submit an undertaking to this extent to the Principal Secretary of Higher Education, the judge said. Though the colleges are permitted to collect the enhanced fees from the students, they should refund the excess amount if the Telangana Admission and Fee Regulatory Committee finally fixes fee less than the enhanced fees.
Details of the refund of the excess amount with proper acknowledgment to the students should be furnished to the court through an affidavit, the judge said. Private engineering colleges moved the HC over the TAFC not fixing and notifiying fee for engineering courses for the block period of 2022-23 to 2024-25.
The petitioners requested the HC to direct the government and the TAFC to permit them to collect the enhanced fees for different courses proposed during the personal hearings conducted by the TAFC. The counsels for the engineering colleges contended that the TAFC had recorded the hike in fees proposed by the colleges.
However, the TAFC did not take steps to fix the fee and the notify the same. Meanwhile, the TSEAMCET 2022 Convenor issued notification for conducting phase-wise counselling for admissions into engineering courses. The judge said in his order that it is TAFC’s duty to determine the fee structure every three years.
Unfortunately, it had failed to observe that role of determining the fee structure for the block period of 2022-23- 2024-25, the order said. The judge said the HC cannot determine the fee structure of the colleges as it would amount to usurping powers of the TAFC and render the latter a toothless tiger.
