PG Medical Admissions: HC refuses to interfere with Seat Matrix, fee structure for Pvt Minority Colleges

Bengaluru: While considering a plea alleging discrepancies in the allotment of PG medical seats, the Karnataka High Court recently denied interfering with the seat matrix and fee structure for PG medical courses at private minority medical colleges. 

The HC division bench comprising of Justices Alok Aradhe and S. Vishwajith took this decision as it took note of the fact that the seat matrix and the fee structure was based on the consensual agreement signed by Karnataka Government with the Association of Minority Professional Colleges for the academic year 2022-2023.

"The association of which the petitioners are members entered into an agreement with the state government with eyes wide open. It is pertinent to note that the majority of the members of the association have not raised any grievance, either against seat matrix or against fixation of fee. Any alteration in the seat matrix at the instance of the petitioners shall affect the other members of the associations who are not present before the court", the HC bench was quoted saying.

The plea had been filed by three colleges- Bengaluru based Vydehi Institute of Medical Sciences and Research Centre and Dr BR Medical College, and Navodaya Medical College, Raichur- who are members of the Association of Minority Professional Colleges in Karnataka. The colleges approached the court with complaints of discrepancies in the agreement regarding the seat allotment in the NRI category and management quota.

Further they had grievances regarding fee fixation as well. Therefore, approaching the court, the colleges had prayed for re-fixation of seat matrix and fees.

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As per the latest media report by The Hindu, the HC bench noted that the plea did not question the legality of the consensual agreement regarding seat-sharing and fee fixation. Therefore, the bench observed that the petitioner colleges are bound by the agreement signed by their association.

Apart from this, the bench also observed that majority of the members of the association did not question the seat sharing and fee fixation. Therefore, the bench was quoted noting by the New Indian Express, "It is pertinent to note that the majority of the members of the association have not raised any grievance, either against seat matrix or against fixation of fee. Any alteration in the seat matrix at the instance of the petitioners shall affect the other members of the associations who are not present before the court."

The court also noted that the terms of the consensual agreement remained unchanged over the past few years. Referring to this, the bench observed that it cannot be inferred that there is an element of discrimination or arbitrariness simply because some of the colleges were allotted slightly higher number of NRI seats and Management quota seats.

"Merely because they have got less seats in NRI and management quotas this year, the petitioners can't be permitted to make a complaint in this regard in the absence of violation of any statutory right. Neither the provisions of the Act nor those of the consensual agreement incorporate the principle of natural justice," the bench was quoted noting by TOI.

"In disputes pertaining to counselling, seat sharing, fee structure as well as admission to professional courses, time is of the essence. The consensual agreement was executed on October 4, 2022. The process of counselling commenced and the first stage was completed on October 14, 2022. On the said date, Vydehi Institute of Medical Sciences filed the petition, whereas the other two petitions were filed on October 20. In cases of this nature, every day's delay is crucial as students' interest is involved," the order further read.

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