The High Court held that the imposition of ₹15,00,000 per course as a security deposit by Kumaon University, contrary to the University’s existing guidelines, is arbitrary and cannot be sustained. The decision affirms an earlier Division Bench judgment, solidifying the binding nature of prescribed affiliation norms. This ruling serves as binding authority for similar cases involving university affiliation disputes within Uttarakhand.
Summary
| Category | Data |
|---|---|
| Case Name | WPMS/2967/2025 of SAMRAT PRITHVIRAJ CHAUHAN COLLEGE Vs KUMAON UNIVERSITY NAINITAL |
| CNR | UKHC010165822025 |
| Date of Registration | 15-10-2025 |
| Decision Date | 17-10-2025 |
| Disposal Nature | DISPOSED |
| Judgment Author | HON’BLE MR. JUSTICE MANOJ KUMAR TIWARI |
| Court | High Court of Uttarakhand |
| Precedent Value | Binding within jurisdiction (Uttarakhand High Court) |
| Overrules / Affirms | Affirms Division Bench judgment in Special Appeal No. 657 of 2019 |
| Type of Law | Education Law / University Affiliation |
| Questions of Law | Whether a University may arbitrarily impose increased security deposit amounts for course affiliation against its published guidelines. |
| Ratio Decidendi |
|
| Judgments Relied Upon | Division Bench judgment dated 10.07.2019 in Special Appeal No. 657 of 2019 |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Reliance on binding precedent (Division Bench) stipulating university adherence to affiliation guidelines and prohibition of arbitrary fee hikes. |
| Facts as Summarised by the Court | Petitioner college challenged the university’s demand of ₹15,00,000 per course as security for several undergraduate/postgraduate affiliations, contending it violates established university guidelines. University counsel did not dispute the legal position as per earlier Division Bench judgment. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts and authorities within Uttarakhand; Kumaon University and affiliates |
| Persuasive For | Other High Courts and regulatory authorities dealing with university affiliation disputes |
| Follows | Division Bench judgment in Special Appeal No. 657 of 2019 |
What’s New / What Lawyers Should Note
- Reaffirms that universities cannot impose security deposit requirements in excess of those prescribed by their own published guidelines in force at the relevant time.
- Clarifies mandatory compliance with existing affiliation norms unless formally and transparently amended.
- Legal practitioners may rely on this decision to challenge arbitrary enhancement of fees or deposits by educational institutions in violation of established norms.
- Uncontested applicability of prior precedent streamlines judicial disposal of similar writs.
Summary of Legal Reasoning
- The court noted that the petitioner challenged the enhanced security deposit on the basis that it contravened the Kumaon University Guidelines on affiliation and security deposits.
- Petitioner’s counsel relied on an unchallenged Division Bench judgment (Special Appeal No. 657 of 2019) holding that the university is bound by its own prescribed security deposit norms.
- Counsel for the university acknowledged this precedent and agreed to the disposal of the petition accordingly.
- The court, recognizing the binding precedent and the consensus between parties, decided the writ petition in terms of the earlier Division Bench judgment, reaffirming that the university could not insist on a security deposit higher than that which its guidelines permit.
Arguments by the Parties
Petitioner
- The demand for ₹15,00,000 per course as security deposit is arbitrary and contrary to the Kumaon University Guidelines regarding affiliation and security deposits.
- Relief sought in line with the Division Bench judgment in Special Appeal No. 657 of 2019.
Respondent (Kumaon University)
- Did not dispute applicability of prior Division Bench judgment.
- Submitted that the petition may be decided in terms of the said judgment.
Factual Background
Samrat Prithviraj Chauhan College, running various undergraduate and postgraduate programs, challenged Kumaon University’s letter requiring a security deposit of ₹15,00,000 per course for affiliation of certain programs. The college argued this was in violation of the University’s existing affiliation and security deposit guidelines. University counsel agreed that the matter was covered by a prior binding Division Bench judgment.
Statutory Analysis
The court examined the Kumaon University Guidelines regarding affiliation and security deposits. It observed that the guidelines prescribed specific security deposit amounts and that unilateral enhancement without amending these guidelines is not permissible. The court reaffirmed existing statutory and regulatory procedural requirements for amending affiliation norms.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are recorded in the judgment.
Procedural Innovations
No new procedural innovations or changes to practice were introduced or discussed in the judgment.
Alert Indicators
- ✔ Precedent Followed – The High Court faithfully follows and applies a binding Division Bench judgment for uniformity and consistency in university affiliation matters.