HC relief to BPL MBBS students on nonpayment of private medical college fee

Kochi: While considering a plea by BPL category medical students regarding their cancellation of scholarship scheme, the Kerala High Court on Monday strictly barred the Self-financing medical colleges in the State from taking any form of detrimental action against the students for merely non payment of college fees.

Issuing such an order, the High Court bench comprising of Justice Devan Ramachandran further clarified that this direction would not be confined only to the petitioners but it would be applicable for all the students who belong to the BPL category.

The bench noted, "I make it clear that no student under the Below Poverty Line (BPL) category will be put to any detriment in any form, including expulsion etc. solely because they have not paid the fee to any of the Colleges to which they are allotted."

"I further make it clear that this direction is not confirmed to the petitioners alone, but to every student in the 'BPL' category," further observed the bench.

Filing the plea through Advocate V. Sethunath, the medical students belonging to BPL category alleged that Commissioner of Entrance Examinations had allotted them the seats in the private medical colleges. They also submitted that the only reason they had accepted the allotment on the basis of their preference was the fact that they thought that they could avail the scholarship that was previously available to them.

Also Read: Ensure proper mechanism for Scholarship of Medical, dental students: Kerala HC directs state

However, following the orders passed by the High Court, the scholarship scheme got withdrawn and therefore the students had approached the Court as they claimed that since they were unable to pay the tuition fees now, the college was threatening them with expulsion.

As per the latest media report by Live Law, while considering the matter, the Court considered the following questions without judging the merits of contention:

a) How a 'BPL' student can be asked to pay even subsidized fees to the Self-financing medical colleges since the fact that they are from the BPL category incapacitates them from doing so?

b) At such an outset when these BPL students cannot avail the scholarship, how does the Government plans to protect such students including by either sponsoring their tuition fees and other expenses or by transferring them to other Government Colleges?

Although the court had directed the Government to respond to these questions, the counsel for the Government S. Sarojini G asked for further time for responding to these issues concerning the plea.

Earlier, the Judge had also made it clear that the Government was open to verify if each of the students actually belonged to the BPL category. At that time, the court had clarified that the questions concerning the plea would only be applicable to students who belong to that category.

While considering the matter on Monday, the bench strictly barred the private medical colleges from taking any detrimental action against the students who would fail to pay the college fees. 

"I make it clear that no student under the Below Poverty Line (BPL) category will be put to any detriment in any form, including expulsion etc. solely because they have not paid the fee to any of the Colleges to which they are allotted," ordered the Court.