"Ensuring Educational Rights: Bihar High Court’s Landmark Ruling on Fee Exemption for SC/ST and Women Students Introduction"

 


Introduction

This case highlights a major legal battle concerning the implementation of Bihar’s policy to exempt Scheduled Caste (SC), Scheduled Tribe (ST), and female students from paying tuition fees up to the postgraduate level. The petitioner, Ranjeet Pandit, filed a Public Interest Litigation (PIL) after universities continued to charge fees from students despite a 2015 state resolution prohibiting such collection. The Patna High Court ruled in favor of the petitioner, directing universities to refund the wrongly collected fees and uphold the state's policy.

Background of the Case

In 2015, the Bihar government introduced a policy to increase higher education enrollment among marginalized communities by waiving tuition fees for SC/ST students and women. The government pledged to reimburse universities and colleges for the loss of revenue. However, several universities continued charging fees, leading to legal intervention.

The petitioner, after failing to get clear responses from various institutions regarding fee exemptions, approached the Patna High Court in 2020. The case focused on two main questions:

  1. What is the state’s duty to ensure educational access for marginalized communities?
  2. What obligations do the state and universities have in implementing fee exemption policies?

Key Legal Arguments

Petitioner’s Claims

  • Universities violated the government’s resolution by charging fees from SC/ST and female students.
  • Despite multiple requests, educational institutions did not respond regarding policy implementation.
  • Many students, particularly from economically weaker backgrounds, faced unnecessary financial burdens.
  • The government failed to properly enforce its own policy, leading to confusion and financial distress among students.

State and Universities’ Response

  • The government acknowledged its policy but claimed universities were responsible for implementation.
  • Some universities admitted collecting fees but argued they were unaware of the exemption policy.
  • The government stated that measures were being taken to refund students and publicize the policy.

Court’s Observations & Key Findings

1. Right to Education is a Constitutional Obligation

The court emphasized that education is a fundamental right under Article 21 of the Indian Constitution. It cited Supreme Court rulings affirming that states must ensure access to education, especially for marginalized communities.

2. Universities Violated the Fee Exemption Policy

The court found that universities failed to comply with the 2015 government resolution and continued charging fees illegally. The delay in refunding students further demonstrated administrative negligence.

3. State’s Negligence in Enforcing the Policy

Despite formulating a progressive policy, the Bihar government failed to properly implement it. The court criticized the lack of awareness campaigns and enforcement measures, which led to confusion among students and institutions.

4. Educational Equity is Essential for Social Justice

The judgment reinforced that policies promoting access to education for SC/ST and women students align with India’s constitutional goal of achieving social equality.

Final Judgment & Court Directives

1. Immediate Refund of Collected Fees

  • Universities must refund all fees collected from eligible SC/ST and female students within one month.
  • Institutions failing to comply could face contempt of court charges and loss of accreditation.

2. Strict Prohibition on Future Fee Collection

  • No university or college can charge fees from exempted students in violation of the 2015 resolution.

3. Awareness and Publicity Measures

  • The Principal Secretary of the Education Department must launch public awareness campaigns to ensure students and institutions are informed about the exemption policy.

4. Accountability and Monitoring

  • The court mandated regular monitoring to ensure universities comply with the policy.

Conclusion: A Victory for Educational Rights

This ruling marks a significant victory for marginalized students in Bihar. It not only upholds the right to education but also holds universities accountable for policy violations. By reinforcing the importance of state responsibility in ensuring access to education, the judgment sets a strong precedent for similar cases across India.

Read the full judgement Below;

https://patnahighcourt.gov.in/viewjudgment/MTUjODE1IzIwMjAjMSNO-lbId4gsleiw=