A plea of law student challenging rules of the recently established National Law University mandating its BA LLB programme to be residential and its fee structure has been dismissed by the Delhi High Court.
Justice Manmohan rejected the contention raised by a Pulkit Khurana that the condition of mandatory residential five years stay at the campus, imposed by NLU, Delhi is not only financially onerous but also illegal and that the Bar Council of India has not made BA, LLB (Hons) a compulsory residential based programme. Refusing to look in to the challenge against the fee structure of the University, the bench said "no material has been placed on record to show that the fees being charged are not proportionate to the cost that has been incurred on setting up of the university".
Observing that it is for the university to choose whether it wants to offer a residential or a non-residential LLB course, the bench said the petitioner has the option to choose between a residential university and a university that offers only a LLB day course. Further, it was of the view that there is no legal bar in setting up a residential university.
The relevant extracts of the judgment are as follows:
6. As far as the plea that there is no distinction between a mandatory residential law college and a non-residential law college is concerned, this Court is of the view that petitioner has the option to choose between a residential university and a university that offers only a LL.B. day course. But in the opinion of this Court, it is for the university to choose as to whether it wants to offer a residential course or a non-residential LL.B. course. Petitioner as a law student cannot dictate terms to the university
7. As far as challenge to the fee structure is concerned, no material has been placed on record to show that the fees being charged by the respondent-University is not commensurate to the cost that has been incurred on setting up of the respondent-University. The comparison between an old engineering college and a new university college that has recently been set up is just like comparing apples and oranges.