Rs 103.96 crore excess fee charged from MBBS students: Varsity, Medical College told to refund amount, pay Rs 45 lakh penalty

Shimla: Taking stringent action against the practice of levying exorbitant fees, the Himachal Pradesh Private Educational Institutions Regulatory Commission (HPPERC) has imposed a penalty of Rs 45 lakh on Maharishi Markandeshwar University and Markandeshwar Medical College and Hospital. Along with the penalty, the institutes have been directed to pay around Rs 103.96 crore that they had charged as an excess fee from MBBS students studying at the medical college from the academic years 2012 to 2020.

The order to this effect passed by the Chairman of HPPERC, Major General Atul Kaushik (Retd) stated, "Maharishi Markandeshwar University and its affiliated Markandeshwar Medical College and hospital Kummerhati in Solan district of Himachal Pradesh charged an excess fee to the tune of Rs.103,96,53,000 from batch of around 100 students who were enrolled in MBBS course during 2012 to 2020."

Thus, bringing major relief to all such MBBS students, the commission not only directed the private education institutions to deposit the penalty in its bank account within 3 months, but it held that the excess amount and other charges of approximately Rs 1,03, 96, 53,000 taken by them from all the MBBS students enrolled from 2012 to 2020 should be refunded immediately.

The court has given medicos the liberty to approach the institutions and the HPPERC to seek a refund of the excess amount.

The commission was moved by two complaints by Dr Nividita Rao from Bilaspur and Dr Yamini from Zirakpur in Punjab concerning the excessive fee charged by the said private institutions.

In their petition, the doctors stated they took admission in the MBBS course during the academic session 2013-14 and the tuition fee was charged for five years instead of four and half years by the Maharishi Markandeshwar University and Markandeshwar Medical College and Hospital without having the approval of the state government. Other allegations of excess charges under different heads were also made before the commission.

While issuing the directions, the commission after going through the records submitted by the institutions found that the university and the medical college have charged an excess amount of Rs 6,05,500 from Dr Nividita and Rs 8,95,500 from Dr Yamini, amounting to Rs 15.01 lakh as tuition fee, hostel fee, university charges and developmental charges.

During the hearings, the institutes had denied the allegations of charging an excess fee from students and submitted that HPPERC had been scrapped by the high court of Himachal Pradesh in the judgment dated October 19, 2013, and the present complaint was not maintainable before the Commission.

They contended during the court proceedings that they are entitled to charge a fee for five years for the MBBS course students, according to The Times of India report.

It was further submitted by the institutes that the complainant doctors had failed to complete their MBBS course in the provided four-and-a-half years and had to appear in the examinations of remaining papers during the next session 2018-19 in accordance with the erstwhile Medical Council of India, MCI rules.

Then it was pointed out that the Director of Medical Education and Research is not the fee structure authority and in the prospectus for the admission to MBBS Course for batch 2013-14, it has been mentioned explicitly that the candidate must pass the first professional to final professional within the prescribed tenure of the course, failing which extra fee at prescribed rates will have to be paid, adds TOI.

Deliberating the matter, the regulatory commission found the Maharishi Markandeshwar University and Markandeshwar Medical College and Hospital guilty of charging an excess fee to the tune of Rs 103.97 crore from around 1200 MBBS students admitted during the 2012-2020 academic years.

As per Section 11 of the Himachal Pradesh Private Educational Institutions (Regulatory Commission) Act, 2010, and rule 6 (b), the commission imposed a penalty of Rs 45 lakh on the respondent private educational institutions.

As quoted by Tribune, Major General Atul Kaushik (retd), Chairman, of the regulatory commission HPPERC said in the order:

"The excess fee of around Rs 103.97 crore charged from 1,200 students was calculated on the basis of the documents submitted by the MMU and the government agencies and the decision was passed today after numerous hearings over the past one year. The students may approach the university/college for the refund of the excess fees paid"

He stated that even the Supreme Court had pointed out that students were forced to go abroad to pursue MBBS due to the high cost of medical courses in our country.

"Transparency, academic audit and integrity would be pursued in letter and in spirit and such decisions would motivate students to raise their voice against malpractices," he added.