National Medical Commission to determine fee structure for PG medical, dental courses for academic year 2021-22: Madras HC
Chennai: The National Medical Commission should determine the fee structure in accordance with the NMC act 2019 for the academic year 2021-22- the Madras High court made this remark while dealing with a petition opposing the imposition of an unreasonably high and arbitrary fee for PG medical and dental courses by the deemed universities of Puducherry.
The bench has further ordered the fee fixation committee to fix the fee for PG medical and dental courses. The court added that the fee should be fixed for the said courses in Deemed Universities, from the academic year 2017-18 onwards till 2020-21, until the NMC and UGC come up with fixed guidelines.
the admission of students in medical institutions as also fee charged by such medical institutions are ex-facie matters of immense public importance and the court cannot shut its eyes to impediments in the way of individual litigation by young students and the Court can take note of the facts pleaded by a public-spirited citizen in a public interest litigation and suo motu pass orders to redress the grievances of the student community.
Since there is hardly any time left for NMC to constitute a Committee to frame the guidelines for determination of fees and for that Committee to frame the guidelines. Therefore, it shall be appropriate that for the current academic year 2020-2021, the fee fixed by the Fee Regulatory Committees, following the procedure devised by the Hon'ble Supreme Court in the judgments in T.M.A.Pai Foundation and Islamic Academy of Education be followed. Further, for the subsequent academic year 2021-2022, NMC will take appropriate steps for framing Fee Fixation guidelines.
Thus, we are left with a period during which there is no statutory guideline regulating the fee structure for the medical and dental courses offered by the respondent institutions. It would be too late for the respondent institutions/Deemed to be Universities to raise a contention that the Puducherry Fee Committee cannot regulate their fee structure. This is more so in the light of the direction issued by the then Hon'ble First Bench dated 16.06.2017 wherein, the Court took into consideration that the fee collected by the respondent institutions is unreasonably high, arbitrary and prohibitory. That apart, as pointed out by the petitioner, by referring to the decision of 2020 P.A.Inamdar, unless the admission procedure and fixation of fees regulated and controlled at the initial state, the evil of unfair practice of granting admissions on available seats guided by the paying capacity of candidates would be impossible to curb.