HC directs Rajarajeshwari Medical College to refund extra MBBS fees collected from students with interest

Bengaluru: Coming to the rescue of 29 MBBS students belonging to Rajarajeshwari Medical College, the Karnataka High Court on Monday directed the institute to refund the excess amount collected from them, which was over and above the fee prescribed by the State Government, during the academic year 2017-2018 to 2020-2021.

As per the earlier recommendation made by the Admission Overseeing Committee, the college will have to return the extra amount with 6 per cent interest, adds TNIE. 

Further, considering the welfare of the parents and the citizens of the state and to stop the colleges from collecting excess fees, the HC bench comprising of justices B Veerappa and KS Hemalekha has also directed the State Government for issuing general instructions to all the colleges in this regard.

The court has also asked the State for directing all the colleges, including Rajarajeshwari Medical College not to collect excess fees than the amount fixed by the State and KEA.

With this observation, the court mentioned in the order, "If the state government is really interested in the welfare of citizens, it is high-time that it issues such general directions."

The bench was considering a batch of petitions filed by the MBBS students of Rajarajeshwari Medical College who had been admitted to the institute back in 2017-2018 through the counselling conducted by KEA. Since the college had demanded extra fees in their first year, the MBBS students, who are now in their final year, had moved to the High Court seeking relief.

Also Read: HC denies interfering with order directing Rajarajeshwari Medical College to Refund Extra MBBS Fees

Medical Dialogues had reported back in 2018 that two medical colleges- East Point College of Medical Sciences and Rajarajeswari Medical College- had been directed by the Admission Overseeing Committee (AOC) to refund the excess fees that they had collected from the MBBS students.

The stern action by the committee had been taken after taking into consideration all the complaints lodged by around 58 MBBS students stating that those two medical colleges were charging an excess fee over the stipulated amount declared by the government and the Fee Regulatory Committee on the MBBS course.

AOC had directed the colleges to refund the excess fees that they had collected along with 6% interest. In addition, the Committee had also clarified that if the medical colleges' management somehow failed to do so, the Rajiv Gandhi University of Health Sciences (RGUHS), to which the medical colleges were affiliated with, could charge twice the amount of fine and make necessary recommendations to the Medical Council of India (MCI) for withdrawal of recognition and affiliation.

MBBS students had alleged that the private quota and government quota students had to pay Rs 80,900 and Rs 91,800 additionally apart from the Rs 77,500 and Rs 6.33 lakh tuition fees collected for government and private quota seats.

Thus claiming that they had to pay Rs 1.48 lakh extra, the MBBS students had approached the committee. "Some of the sub-heads under which the management had reportedly sought money include a cricket ground, gym, air conditioners, and a swimming pool fund," the students had alleged.

While AOC had directed the college to refund the extra fees, the Committee verdict had been challenged by the college and they had approached the High Court seeking relief. Earlier this year, a division bench of Karnataka High Court had denied interfering with the order of the Committee as the bench noted that the committee had taken the decision on the basis of the admitted facts and the complaints lodged by the students.

Despite the Committee's order, the college had not refunded the extra fees. As per the latest media report by the New Indian Express, the counsel for the college argued that the students had paid the fees voluntarily. 

However, the court rejected such an argument and opined that if the college was providing education with "good intention", it should have directed the students not to pay excess fees.

 "If they really maintain transparency, they should not have accepted the excess fee. Being an educational institution, they should act like a 'Guru'," observed the bench.

Therefore, rejecting the contention of the college, the bench was quoted observing by the Times of India, "The institution is being run like machine, marketing education to the students and making money, which is impermissible."

Although the bench upheld the AOC order and directed the college to refund the extra fees with 6% interest, it denied agreeing to the prayer of the petitioners for directing the State or RGUHS or MCI for imposing Rs 10 lakh fine on the concerned college for demanding excess fees. The bench also did not agree to the demands of the medicos, who had claimed Rs 5 lakh compensation for each of the students.

Also Read: Karnataka HC imposes Rs 1 lakh fine each on two dental colleges over speculative litigation