Relief: Bombay HC restrains Medical College of forcibly collecting fee from MBBS students

Besides pulling up the medical college, a division bench comprising justices Manish Pitale and Nitin Suryawanshi also issued notices to the Department of Medical Education and Drugs secretary, Directorate of Medical Education and Research (DMER) seeking a response in the matter.

The order came following a petition moved by the medicos of the said medical institute after the college administration started forcing them to pay the second year's charges in spite of the government's resolution. All these students, despite securing meritorious marks, had failed to get admissions to GMCHs due to implementation of Maratha (SEBC) and EWS quotas.

Medical Dialogues team had earlier reported that the Maharashtra government had requested the open category student to seek admission into the private medical colleges and had also assured them reimbursement of fees on September 20th last year. This came after the government had implemented a new Maratha quota which made it impossible for the open category students to appear in postgraduate courses even after scoring good in NEET.

On November 30, 2018, the Maharashtra Legislature had passed a bill proposing 16 percent reservation in education and government jobs for the Marathas, declared SEBC by the government and hence it decided to grant them the reservation, however, some medicos approached the high court as well as the supreme court.

Finally, a 12% seat for Maratha quota was reserved. The 74% reservation in education in Maharashtra comprises of SCs 13%, STs 7%, OBCs 19%, Special Backward Class 2%, Vimukta Jati 3%, Nomadic Tribes (B) 2.5%, Dhangar (Nomadic Tribes C) 3.5%, Vanjari (Nomadic Tribes D) 2%, Maratha 12% and EWS 10%.

Considering the problems of open category students in gaining admission, former chief minister Fadanvis had said those students who belong to the open category and could not secure admission due to the reservation, should seek admissions in private colleges and the government will reimburse their current year's tuition fees, but they have not received any reimbursement fee from the government.

Also Read: SC To Take A Call On Maratha Quota In PG Medical Admissions

Under such circumstances, the 19 MBBS students of NKP Slave Institute had submitted to the court that they did not get the chance to secure a seat in one of the state government colleges even after securing good marks in NEET as the government implemented Maratha quota and EWS quota and the total seat intake was reduced below 50%.

Considering the submission of the petitioners in the instant case, the court had finally issued notice to the institution and other concerned authorities directing them to file replies within a week.

As quoted by TOI, the court while directing the college authorities not to compel the students to pay the amount immediately noted;

 "In the meantime, no coercive steps are to be taken by college for recovery of fees from petitioners,"

Though the order was issued only in the case of the 19 medicos who sought help from Bombay High Court, it is likely to prove to be beneficial for many open category students in Maharashtra as well.

Prior to this, a similar petition was moved by the three students of Punjabrao Deshmukh Medical College in Amravati who took admission to the private college as they failed to get admission in any of the government colleges after the implementation of Maratha quota. The court had ordered the college not to recover the fee immediately, reports the daily.