Sixth-form students Callum Hurley and Katy Moore are disputing the lawfulness of the coalition government's policy of increasing the upper limit of fees in England to £9,000 per annum.

If the legal challenge succeeds Vince Cable, who introduced the rise, would have to scrap the measure and go back to the drawing board.

The claimants, who are represented by human rights firm Public Interest Lawyers, lodged their claim on March 18.

They argued that the regulations raising the maximum fee to £9,000 breaches the right to education protected by the Human Rights Act 1999.

The European Court of Human Rights has previously indicated that where a state sets up higher education institutions the right of access must be "effective" and not theoretical or illusory.

Mr Hurley and Ms Moore said that the fear of debt in excess of £50,000 will render the right of access illusory, particularly among students from poorer backgrounds.

They claim that the right to education must be read in light of the International Covenant on Economic, Social and Cultural Rights, which requires states to work progressively towards free higher education.

Britain is a signatory.

A third plank of their argument is that in the rush of Mr Cable to pass the regulations "he did not discharge his duty to give due regard to issues of equality."

Mr Justice Collins granted permission in June for the claim to proceed to a full hearing.

Justice Collins said it was "arguable" that "there has been insufficient regard paid to the question of participation and to the likelihood (a possibility recognised by the defendant) that fewer low-income potential students will want to take the financial risk."

The case is to be heard by two judges in the High Court on November 1 and 2.