The court said while the university had the right to implement regulations, the collection of an insurance fee was a legal affair that needed students' consent.

In a lawsuit filed by fourth-year student Somchai Khotpat and 12 other students against the university and the university council's president, the students demanded the regulation be scrapped.

They claimed the two defendants implemented this regulation by forcing them to pay the insurance. As the 13 students refused to pay the fee, their tuition payments were also turned down.

In the lower court, the defendants gave testimony that the fee was to help protect students who suffered from accidents while on their way to study inside and outside the institute. The university had selected Siam City Insurance as the service provider.

If the students refused to pay the insurance fee or already had another insurance package, the university required them to submit explanation letters before it could consider accepting their tuition payments.

The lower court ruled that the regulation was against the law and must be revoked and that the university must return Bt200 to each of the plaintiffs.

The higher court said that although the regulation was aimed at the welfare of students, its content and announcement were against the individual's freedom and that the insurance contracts must be done with the involved parties' consent.

It ruled that the university could not have a regulation to collect the fee against the students' will and must return any fees.

Kesinee Taengkhieo

The Nation