Concession of fees for private colleges

Concession of fees for private colleges

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Based on the fact that due to the COVID-19 lockdown, industries are suffering huge losses. Companies are cutting their employees' salary and millions have already lost their jobs. The central and state governments have already appealed to private schools not to increase the fees of children. 


Notably, many parents have lost their jobs during the lockdown. In such a situation, they are not able to pay the hefty fees of their children studying in private colleges.

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.The Supreme Court has previously held that education is a distinct constitutional goal and therefore, is a public good. Second, students do not have the same bargaining power as a college and thus the college has certain leverage over students. Recognising this unique relationship, the University Grants Commission (UGC) acts as a regulator of higher education in India with the responsibility of protecting the students. The UGC Act, 1956, crystallises the responsibility of UGC to maintain the standards of teaching, examination and research. Further, Section 12A of the Act provides explicit power to the UGC to provided regulation and scale the fee to be charged by colleges and universities in public interest.

Therefore, even though a student has a remedy against the college he studies in, a stronger alternate case lies against the UGC as it has not provided any regulation for refund of fees. The UGC has failed to protect the students and its inaction has violated their right to access education.

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