DNLU students move MP High Court challenging "arbitrary" fee for remedial classes on attendance shortage

78 students from the Dharmashastra National Law University (DNLU) Jabalpur who are barred from writing exams for want of attendance have moved the Madhya Pradesh High Court against the "arbitrary" fee imposed by the University for remedial classes [Sumit Parashar v. State of Madhya Pradesh]..The students have protested the University's move to charge ₹7,500 per subject for remedial classes that are required to be attended by students who fall short of the 65 per cent attendance criteria to become eligible to take the re-exam.They claimed that this was simply a money-making exercise. "Respondent No. 2 is simply trying to fill its pocket under the garb of remedial classes and intentionally trying to harass the instant petitioners by compelling them to attend remedial classes.".Stressing on the impact this exercise would have on their careers, the petitioners said that they would have to suffer a year back if they were not allowed to take the re-exam on paying a nominal fee. In this regard, it was prayed that the Court direct the University to allow the petitioners to appear for re-exam on payment of a nominal examination process fee..In their petition filed through Advocate Varun Tankha, the students have submitted that the imposition of ₹7,500 as fee for each subject was highly detrimental to the idea of imparting quality education. Further, it was claimed that the actions of the University's administration is against the decisions of the Supreme Court in Cochin University of Science & Technology v. Thomas P John and other cases where the top court had allowed educational institutions to fix fees, but had cautioned against the fixation of arbitrary fees..The students also argued that the University administration acted in an arbitrary manner by first accepting medical certificates furnished by the some of them, and then rejecting the same after commencement of the term-end exams."Respondent No. 2 has been acting in a very arbitrary manner by firstly accepting the medical certificates furnished by the some of the petitioners and then in a very suspicious manner rejecting it when the term end examination had already been commence," it was submitted. .It was further highlighted that the University had failed to provide the required number of lectures that are required to be taken in an academic session. It was stated that only 21 lectures were conducted each week week, as opposed to the required 24 lectures."Proposed hours of lecture to be delivered is highly deficit in compared to the mandate of BCI which put the petitioners in a highly prejudicial state," reads the plea. Therefore, it was also prayed that the Court direct DNLU to treat the re-exam as the term-end exam, as it had "failed miserably" to deliver the required number of lectures..In the interim, the students prayed to be allowed to attend remedial classes and appear for the re-exam..Justifying the move to charge fees for remedial classes in an email addressed to the students, the University administration had previously stated,"This process cannot be undertaken without some lesson being learnt by the students. Their parents also must take the responsibility to monitor their ward. So, in order to achieve this and to also address the administration’s inconvenience caused, it is proposed that each student will have to pay Rs. 7,500/- in each subject in which they have shortage of attendance. This payment will give them admission to the remedial classes. There will be proper teaching of the concerned courses and examinations and results will be announced.It was further approved that if a student fails to put in the minimum 75% of attendance in the remedial classes then he or she shall have to forego a year of his/her studies and pay the full annual fee for the additional year of the course.".Aggrieved by the stance of the administration, the students at DNLU had also made a representation to the Chancellor and Chief Justice of the Madhya Pradesh High Court Ravi Malimath on July 27.The representation also highlights that the University "conducted only 30-40 classes on an average" while the Bar Council of India mandates conducting a total of 60 classes..DNLU students up in arms over remedial class fee of ₹7,500 per subject for failing to meet attendance requirement