Fee Hike for Uttarakhand BAMS Colleges: HC Strikes Down Retrospective Application

Nainital: In a major relief to the BAMS students pursuing their medical education at various Ayurvedic colleges of the State, the Uttarakhand High Court recently quashed the retrospective application of a tuition fee hike. It was decided to extend the revised increased tuition fees for 2019 to the admissions that took place in the preceding years as well.

However, the Court opined that the student was liable to pay the fees prevalent at the time of the admission. It also clarified that fees could not be revised unless the student completed the course.

"The impugned order dated 31.01.2020 (Annexure-1 to the writ petition), passed by Appellate Authority to the extent it permits upward revision of tuition fee, with retrospective effect to students who took admission during Academic Sessions 2017-18 and 2018-19 is quashed. It is provided that fee determination made by the Regulatory Committee in its meeting held on 29.04.2019 would be applicable only prospectively. Subject to payment of admissible fee by the petitioners, Ayurvedic College concerned shall issue NOC to them and the University shall thereafter release petitioners’ educational certificates, without any further delay," ordered the HC bench comprising Justice Manoj Kumar Tiwari.

These observations were made by the HC bench while considering the pleas where the Ayurvedic colleges charged tuition fees based on a provisional determination by the Fee Regulatory Committee under the Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 in 2019, by applying it retrospectively to the students admitted in the preceding years.

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The petitioners were admitted to the BAMS course during the academic year 2017-2018 and 2018-2019. They argued that a college could charge only such fee, as determined by the Fee Regulatory Committee and the determination of fee made by Regulatory Committee could only be applied prospectively.

However, in their case, the colleges charged a certain amount as a fee in the absence of a determination by the Fee Regulatory Committee and thereafter, a provisional determination of fee made by the Regulatory Committee in its meeting held on 29.04.2019 was made applicable retrospectively from the Academic Year 2017-2018, which the petitioners argued was not permissible.

Agreeing with the petitioner's contention, the HC bench observed that the fees determined by the Fee Regulatory Committee under the Act apply prospectively and could not applied to students already admitted.

"This Court finds substance in the said submission. In view of provision contained in subsections (12), (13) and (14) of Section 4 of the aforesaid Act, the tuition fee payable by students of a private unaided professional college can be revised only as per determination made by the committee; every college, before commencement of academic session, will have to require before the committee, the proposed fee structure and the fee determined by the committee, shall be applicable for a period of three years and after expiry of three years, the college would be at liberty to apply for revision. It is further revealed that fee determined by the committee shall be applicable to a student who takes admission in the same academic year in which the fee determination is made and the fee payable by such students shall not be revised till he / she completes the course," observed the High Court bench.

"Thus, the order passed by Appellate Authority is in teeth of provision contained in Section 4 (14) of the Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006, as such it is liable to be quashed," held the Court.

Accordingly, the Court directed the colleges to issue No Objection Certificates (NOCs) and release educational certificates upon payment of the original admission fees by the petitioners.

To view the HC order, click on the link below:

https://medicaldialogues.in/pdf_upload/uttarakhand-hc-order-269296.pdf

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