Kerala HC orders fee regulatory committee to re-evaluate MBBS fee structure for private medical colleges

By Sanchari ChattopadhyayPublished On 2020-12-23T11:00:59+05:30 | Updated On 23 Dec 2020 5:30 AM GMT

Kerala HC orders fee regulatory committee to re-evaluate MBBS fee structure for private medical colleges

Kerala: Canceling the medical fee structure fixed by the fee regulatory committee, the State High Court has directed the authorities to re-determine the MBBS fees for self-financing medical colleges. The division bench has further instructed that the fees should be determined within one month in compliance with the court order and norms.

This came after a petition was filed by a group of self-financing medical Colleges who opposed the fee structure as suggested by the fee regulatory committee.

The fee fixed by the committee was between rupees 6 lacs and rupees 7.5 lakh. However, some of the private medical colleges opposed the fee fixation, and they approached the High Court alleging that the committee failed to consider the fee fixation afresh despite the high court's previous order.

Based on the order pronounced by the High Court, the fee regulatory committee, led by a retired HC judge, had fixed the fee ranging from Rs 6.32 lakh to Rs 7.65 lakh for MBBS courses in various self-financing colleges for the academic year. However, some of the self-financing medical colleges were demanding fees of more than Rs 20 lakh and filed a case in the High Court.

The Kerala HC, in its interim order, also instructed that the fee structure fixed by the fee regulatory committee needs to be re-evaluated. It also asked to inform students that they may have to pay the maximum fee demanded by the college management.

Also Read: Supreme Court junks plea on MBBS fee hike in Kerala Medical Colleges

The State Government moved the apex court demanding to put a stay on the interim order pronounced by the high court, where it stated that in the absence of the National Medical Commission (NMC) Act that came into effect in 2019, the private medical colleges should accept a fee stipulated by a state fee committee on the basis of an SC order that states that the fees should be fixed on the basis of the financial capacity of the students.

But the apex court denied removing statements made by HC against the fees regulatory committee and clarified that it was pronounced as an interim verdict and once the final verdict is announced the government can approach the apex court if it has any objection. Thus the top court directed the matter back to the High Court.

Taking the case up again recently, the High Court stated that a decision will be made after considering all the circumstances and criteria. The revenue and the expenditure submitted by the colleges should also be considered before fixing the fee structure.

As per a report by Kerala Kaumudi, the court instructed the regulatory committee to re-determine the fees after taking into consideration the suggestions and submissions made by the private colleges. The judgment applies only to the college managements who have filed the petition. The fee determination report is to be submitted to the court by January 25th and the petitions will be considered again on January 27th.

Source : with inputs

Sanchari Chattopadhyay

Sanchari Chattopadhyay has pursued her M.A in English and Culture Studies from the University of Burdwan, West Bengal. She likes observing cultural specificities and exploring new places.