NEET PG, MDS Admissions in Telangana: HC orders private institutes to collect only 60-70 percent of specified fee
Hyderabad: In a major relief to the postgraduate medical and dental students in Telangana, the High Court has partially stayed the decision to increase the fees at private medical and dental colleges in the State
The HC bench of Justice Chillakur Sumalatha asked the institutes to collect only 60 per cent of the fees specified in the Government Order No. 107 from the Category-A candidates and 70 per cent from the Category-B candidates.
The G.O. dated July 28, 2023, was challenged before the High Court bench by altogether 222 PG medical and dental students. In the concerned order, the Government fixed a certain amount of fee for the PG medical and dental courses for the block period 2023-2026.
Medical Dialogues had earlier reported that by issuing the G.O. the State fixed the fees for altogether 19 medical colleges, where the fees for the Category-A clinical seats ranged between Rs 7,00,000 to Rs 7,75,000. The fees for the Category-B seats ranged between Rs 23 lakh to Rs 24 lakhs.
In the case of the 11 private dental institutes, the fees for the Category-A seats ranged between Rs 5,15,000 and Rs 6,00,000, and in respect of the seats under Category-B, the fees ranged between Rs 8,00,000 and Rs 13,62,000.
Challenging the Government Order, the petitioner students contended that the State fixed exorbitant fees for the medical students to pay. The counsel for the petitioners argued that the fee fixed is not in accordance with the procedure that is required to be followed.
At this outset, the petitioners' counsel placed reliance on the HC order in the case between Consortium of Engineering Colleges Managemenfs Association (CECMA), Hyderabad and others Vs. State of Andhra Pradesh and others. ln the said decision, on analyzing all the relevant factors, statutory provisions, reports and recommendations of Admission and Fee Regulatory Committee (AFRC), the Court issued certain guidelines to be followed. Relying on the said guidelines, the counsel for the petitioner submitted that none of the guidelines were followed in this case.
It was further submitted that the details of the fee proposals were not placed in the Public Domain and were not published in the Newspapers. The counsel for the petitioners further submitted that the guidelines required the State Government to issue the fee structure notifications by the first week of March preceding the Academic year or the block of academic years. However, such fee structure notification was not issued and admittedly, the concerned G.O was issued in the month of July, 2023.
On the other hand, the counsel for the Telangana Admission and Fee Regulatory Committee submitted that the present G.O was issued on the basis of the recommendations made by TAFRC.
The counsel for the petitioners further submitted that there was an abnormal increase in the fee structure and the fee was increased by 179% to 296%, both in Convener Quota as well as the Management Quota and therefore, the intervention of the Court was required.
Further, the petitioners' counsel pointed out that through G.O.Ms.NO.20, the State Health Department on 14.04.2020 issued an exorbitant fee structure for the block period 2020-2023. The concerned G.O. was challenged before the Court and accordingly the Court passed interim orders on 26.05.2020.
Taking note of the arguments by all the parties, the HC bench noted, "Having considered the submission that the guidelines issued were not followed while fixing the fee structure and as the fee fixed through earlier G.O. i.e., G.O.Ms.NO.20, dated 14.04.2020 is under challenge and as the impugned G.O. i.e., G.O.Ms.No.107 is issued making reference to G.O.Ms.No.20, whose operation is stayed, this Court is of the view that the interim order is required to be passed to facilitate the petitioners to take admission. Also, the inconvenience of the institutions should also be considered."
Therefore, the court issued the following directions:
(i) For the candidates belonging to category-A, fee shall be collected @ 60% of the amount that is payable as per the impugned G.O. i.e., G.O.Ms.No.107, Health, Medical and Family Welfare (C1) Department, dated 28.07.2023.
(ii) For the candidates belonging to category B, fee shall be collected @ 70% of the amount that is payable as per the impugned G.o. i.e., G.o.Ms.No.107, Health, Medical and Family Welfare (c1) Department, dated 28.07.2023.
(iii) The candidates, who fall within the ambit of either Category-A or Category -B, shall at the time of payment, furnish a personal bond undertaking to pay the remaining amount on disposal of the present Writ Petition, in case, the same is required to be paid.
(iv) In case any of the candidates have already deposited the fee entirely, they cannot claim for refund of the amount immediately, However, request for refund shall be entertained on disposal of the Writ Petition and in case they are entitled for such refund."
To read the HC order, click on the link below:
https://medicaldialogues.in/pdf_upload/telangana-hc-fees-217136.pdf
