About payment of full course fee

953 votes

Let me analyze this situation under Indian law: 1. Legal Status of Such Conditions According to several Supreme Court and High Court judgments in India, educational institutions cannot force students to pay the entire course fee if they withdraw mid-way. This stance has been consistently upheld based on the following principles: - In Islamic Academy of Education v. State of Karnataka (2003), the Supreme Court held that institutions can only charge fees for the actual period of study - Such restrictive conditions are considered a violation of Article 19(1)(g) of the Constitution (right to practice any profession) - These conditions are viewed as unfair trade practices under consumer protection laws 2. Validity of the Affidavit Despite being on stamp paper, such an affidavit would likely be considered void because: - It goes against public policy - It imposes an unreasonable restriction on the student's fundamental rights - Courts have held that educational institutions cannot enforce such punitive measures even if agreed to in writing 3. What Can the Institution Legally Charge? The institution can typically claim: - Fees for the period actually attended - A reasonable notice period fee (usually 1-3 months) - Any genuine expenses incurred by the institution - Security deposits can be forfeited as per reasonable terms 4. Key Legal Precedents In Vinayaka Mission University v. S. Arun Rajesh & Others (2012), the Madras High Court held that demanding full course fees for the entire duration when a student withdraws mid-course is illegal and amounts to profiteering. 5. Student's Rights The student has the right to: - Discontinue education at any point - Pay only for the period of actual study - Challenge such conditions in consumer courts or regular courts - Seek refund of excess fees paid Recommendation: 1. The student should formally communicate their decision to withdraw 2. Offer to pay fees for the completed period plus reasonable notice period 3. If the institution insists on full payment, they can: - File a complaint with the state education department - Approach the consumer forum - File a writ petition in the High Court The affidavit, despite being on stamp paper, cannot override established legal principles and court judgments. The student is not legally bound to pay the entire course fee, as such conditions are considered excessive and unenforceable in Indian courts.

Advocate Parvez LawRato

836 votes

Hello This is Advocate Imran Asgar Sayed from Mumbai. Please note that such agreements which are heavily one sided are not usually enforceable. Do not worry and just don’t pay the fee, there is no such law or rule by any university or state govt to pay full course fee if dropped in the middle. Get a legal notice drafted from a professional advocate and they will never again call you or force you to pay. For professional legal assistance please contact us.

Advocate Imran Asgar Sayed LawRato