'Shakes Ethical Foundations Of Education System': AP High Court Condemns Practice Of Universities Withholding Student Results Over College Dues

The Andhra Pradesh High Court has held that withholding of results by a University owing to unpaid arrears by affiliated Colleges is a “pernicious-practice” which mars the careers and future prospects of students by treating them as “merchandise” who can be used by Universities and Colleges as a “bait to bargain with each other”.In the instant case, Acharya Nagarjuna University (Respondent 2) withheld the Final Year Degree Examination results (VIth Semester) owing to non-payment of dues by its affiliated degree colleges (petitioners).Noting that such a practice “shakes the ethical foundations of our education system”, Justice Gannamaneni Ramakrishna Prasad rebuked,“The dispute is essentially between the Colleges and the University, insofar as the recovery of money is concerned. Unfortunately, both have chosen to treat the careers and future prospects of the students as 'merchandise', which ought not to have been done at all. This extreme and perverse method adopted by the University shakes the ethical foundations of our educational system and also the very object for which the University has been founded. The University is a temple of higher learning, with its paramount, if not the sole object is to impart Education. The purpose of imparting Education is for shaping the careers and future of the Students, which is also the part of Nation-building. It appears to this Court that the whereas, the Respondent University seem to have manifestly forgotten its primordial and indispensable function of imparting education…”The Single Judge added,“…this Court would have no hesitation to hold that the University is not entitled to withhold the Viva-voce Examination results of the Students on the ground that the Colleges have not cleared the arrears due to the University. The impugned action would affect only one class, namely, the Student Community, thereby marring their careers and future prospects, which is a violation of the Right to Life under Article 21 of the Constitution of India. There is no doubt that the Writ Petitioner Colleges, as well as the University, have treated the careers and future prospects of the Students as 'Items of Merchandise' which can be traded or used for blackmail.”Facts:The petitioner colleges had filed a writ petition challenging the act of the Respondent University in not declaring the results of VIth Semester (2022-2025 batch) due to unpaid arrears as violative of Articles 14, 19 and 21 of the Constitution and sought direction from the Court for declaration of the same.The petitioners submitted that non-remittance of arrears owed to the University was because of the Government's failure to timely disburse scholarship amounts for Academic Year 2024-2025, which caused financial hardship to the petitioner colleges. Additionally, they argued that unpaid arrears payable to the University cannot, by itself, constitute a ground to withhold results of students as their careers would resultantly be compromised due to delay in publication of results.On the contrary, Respondent University argued that not only were the petitioners in default of payment of affiliation fees from previous academic years despite admitting students, but had also failed to furnish details of approved courses, examination galleys and the fees which they collected from students. This was alleged to violate the University's mandatory requirements of securing affiliation and remittance. It further argued that lack of proper affiliation has adverse consequences on students intending to pursue Higher Education abroad or in India.Thus, the issue tabled for the Court's consideration was whether the University was entitled to coercively withhold results due to non-payment of dues by petitioner colleges and whether such action could dent the career and future prospects of affected students, thereby violating their 'Right to Life' under Article 21.Court's Findings:At the outset, the Court observed that in the financial tussle between the petitioner colleges and the University– which led to results being withheld, the actual sufferer was the student community. In this regard, the Single Judge observed,“… the Writ Petitioner Colleges have claimed themselves to be the victims of high-handedness on the part of the University. The University, on the other hand, claims to be the victim of non-payment of arrears due to it from the Writ Petitioner Colleges. However, the real adverse effect has befallen on the Students due to the withholding of their results, while admittedly, the Students are the real innocent victims.”Additionally, the Court stated that it was unfortunate that a public institution like that of the Respondent University had resorted to such a measure without realising its adverse impact on the students. The Court accordingly held that “the impugned action of the Respondent University in withholding the result of the Viva-voce Examination is not only opposed to public policy but is also unethical and grossly...

'Shakes Ethical Foundations Of Education System': AP High Court Condemns Practice Of Universities Withholding Student Results Over College Dues

Saahas Arora

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