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

Patna: The Patna High Court has stayed the operation of a letter issued by the Bihar Health Department on July 29, which mandated the government medical college fee structure for 50 percent of the medical seats at the private medical colleges.

While considering a plea filed by Lord Buddha Koshi Medical College, Saharsa, which challenged the government order, the HC bench comprising Justice Anil Kumar Sinha on Tuesday passed the stay order, TOI has reported.

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As per the latest media report by the Times of India, the counsel for the petitioner informed the HC bench that on July 29, the Joint Secretary of the State Health Department had issued a letter to the controller of examinations of the Bihar Combined Entrance Competitive Examination Board (BCECEB), directing it to admit and register students for 50% of MBBS seats in private medical colleges at the regulated fee structure applicable to govt medical institutions. The Health Department issued this directive while referring to a health department resolution dated March 14, 2023.

Medical Dialogues earlier reported that the Bihar Combined Entrance Competitive Examination Board (BCECEB) announced that government medical college fees will be charged at 50 percent of seats at the private medical colleges and deemed universities. BCECEB made this announcement in the recently released notice for online application and choice filling for the Undergraduate Medical Admission Counselling (UGMAC) -2025.

However, filing the plea before the HC bench, the counsel for the petitioner college submitted that the said resolution dated March 14, 2023 of the Health Department had already been put on hold since August 12, 2023.

Therefore, the counsel argued that the private medical colleges could not be compelled to charge the subsidised fees meant for the government medical colleges. He submitted, "It would adversely affect the maintenance of infrastructure, faculty and staffing pattern in such private institutions."

Medical Dialogues had earlier reported that back in 2023 the Bihar government had directed the self-financing medical colleges and deemed universities in the State to charge fees at par with the state-run medical colleges for 50 per cent of the total seats. Apart from this, the State Government had also decided to introduce a uniform fee structure in all the state-run medical colleges. The decisions in this regard were taken at a cabinet meeting chaired by the Chief Minister Nitish Kumar.

The direction for charging government medical college fees at 50% private medical institutes was originally proposed by the National Medical Commission (NMC). The Commission had issued a direction to all the private medical colleges in the country to charge fees at par with the government institutes for 50 per cent of the total seats. However, challenging the NMC fee order, several private medical colleges had approached the High Courts and the matter is also pending before the Supreme Court.

At first, only the Madhya Pradesh Government implemented the NMC fee order and became the first State in India to implement the fee order issued by the Apex Medical Commission. Consequently, the Bihar Government announced that government medical colleges fees will be applicable for the 50% of the seats at private medical institutes.

Also Read: Bihar Private Medical Colleges to charge Govt fee for 50 percent seats, uniform fee structure to be introduced for GMCs