On Monday, a division bench of the Punjab and Haryana High Court comprised of Justice Augustine George Masih and Justice Vikram Aggarwal directed the Rajiv Gandhi National University of Law, Patiala, to charge students only 50% of the hostel rent for the COVID period and to refund the remaining amount (if deposited) within four weeks. The bench also noted that the university had charged only 25% of the rent from the contractors of the mess, canteens, shops, and so on, and that there was no justification for charging the entire hostel rent from the students.

"Those were tough times for everyone. The students were out of the hostel rooms not out of choice but out of compulsion. Their belongings were left in the rooms. There was panic and fear all around. Those who did not have secure jobs were suddenly faced with loss of income. While people were trying to make their two ends meet, the burden of fee etc. was putting them under additional pressure. The institutions also suffered because they had to maintain huge buildings, staff etc. If one weighs all these facts, there does not appear to be any justification for charging the entire hostel rent from the students especially when only 25% of the rent had been charged from the contractors of mess, shops, canteens etc," 

Senior counsel Chetan Mittal for the appellant contended that it was highly unfair that only 25% of charges were levied against the contractors of mess, shops, and canteens, while full rent was levied against the students on the basis that possession of the rooms was with the students. The University administration, on the other hand, claimed that because the hostel rent is included in the composite fee, it would be impossible to separate the fee under different headings.

Finding no justification in the university's decision to charge students 100% of the hostel fee during the COVID period, the Court directed the university administration that, in addition to the benefit already provided to the students, it would charge only 50% of the hostel rent for the period in question and refund the remaining amount to the students (if so deposited) within four weeks.

"Since respondent No.2 would still be left with 50% of the hostel rent, the same, in our considered opinion, would be sufficient for the expenses which respondent No.2 may have incurred on the repair and maintenance of the hostel rooms, post the pandemic," the Court said as it disposed of the Petition.

Case title: Aditya Kashyap and others v. State of Punjab and another

LPA-716-2022

Link: https://www.phhc.gov.in/download_file.php?auth=L2RhdGEwMS9hcHAvb3JhY2xlL3Byb2R1Y3QvMTFnL2FwYWNoZS9wZGYvZm8vTFBBXzcxNl8yMDIyXzI2XzExXzIwMjJfRklOQUxfT1JERVIucGRm