Allahabad HC stays Mid-Session MBBS Fee Hike

Allahabad: The Allahabad High Court recently halted the mid-session MBBS fee hike at the G.S. Medical College and Hospital in Hapur district of Uttar Pradesh.

Issuing a notification, the State government had substantially increased the tuition fees for the MBBS programme during the 2024-2025 academic session. However, while considering the plea by 240 students from the institute, who challenged the fee enhancement, the Allahabad HC bench of Justice Chandra Dhari Singh issued a temporary stay on the concerned notification.

The Court also issued directions to the State and the medical college to submit their counter-affidavits and scheduled the matter for a further hearing on September 17, 2025.

"Taking into consideration the submissions made by learned counsel for the petitioners as well as learned counsel for the respondent no.3 and the contents made in the writ petition, I am of the view that matter requires consideration. All the respondents are represented by their respective counsel. They are directed to file short counter affidavits within two weeks. Rejoinder affidavit, if any, be filed within one week thereafter. Put up on 17.09.2025 as fresh. Till then the operation of the impugned notification dated 05.07.2025, shall be kept in abeyance," ordered the HC bench.

Filing the plea, the students challenged the notification dated 05.07.2025, through which the Government had enhanced the tuition fee of the students of the MBBS course (w.e.f. the academic session 2024-2025) from Rs 11,78,892 to Rs 14,14,670.

It was argued by the students' counsel that the said notification was arbitrary and without application of mind, and it also contradicted provisions of Section 10 of the U.P. Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006.

The counsel submitted that the medical college, while issuing the said notification, failed to consider the other miscellaneous charges which have already been enhanced during this Session and now again increased the tuition fee during mid-session without any reason or justification. It was argued that there was no occasion to enhance the MBBS fee for the second time within a period of eight months, particularly when the miscellaneous charges had already been deposited by the petitioner students.

It was submitted that the petitioners were granted admission to the medical college based on the fee structure provided by the medical college through its brochure and therefore, a huge enhancement of tuition fee during the mid-session has also created a serious financial burden on the parents of the petitioners. Further, the students' counsel submitted that the Fee Regulatory Committee increased the fee on the behest of order passed by the High Court of Allahabad at Lucknow Bench on the petition filed by the Institution without taking into consideration the entirety of the matter and therefore forcing the students to deposit the huge fee in the mid-session. Calling the said notification arbitrary, unjust and contrary to the statutory provision, the HC bench asked to set aside the said notification.

On the other hand, the counsel for the medical college opposed the plea and submitted that the Government had issued the notification after taking into consideration the entirety of the matter and as per the provision of under Section 10 of the Act, 2006 and the Hon'ble Governor has already approved the fee structure as enhanced by the Committee.

Further, the medical college's counsel submitted that the committee has been constituted as per the Section 4 of the Act, 2006 in which Chairman may be the senior most officer of the State or Vice Chancellor of the Central University or a State University or a deemed to be University and two other Members having experience in matters of finance or administration. 'Therefore, there is no force in the arguments of learned counsel for the petitioners that while enhancing the tuition fee, no application of mind has been applied. There are no illegality or error in the impugned notification and the instant writ petition may be dismissed as devoid of any merit," they said

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/allahabad-hc-g-s-medical-college-297804.pdf

Also Read: Patna HC Stays Govt's 50 percent fee cap on MBBS seats in private medical colleges