The Supreme court of India decided to hear the pleas challenging the validity of the National Medical Commission fee order implementing government fees in 50 percent of private medical colleges and deemed to be universities on 21st October 2022.
On February 3, 2022, the official memorandum was issued in the same direction that fifty percent of the seats at private medical colleges should be equivalent to the fees at a given State's government medical colleges.
Additionally, it anticipates that the advantages of such a fee structure Additionally, it anticipates that the benefits of such a fee structure would first be made accessible to candidates who have taken advantage of Government quota seats, and only up to a maximum of 50% of the medical college/deemed university's total sanctioned strength.
The petition highlighted facts like OM official memorandum is unconstitutional and arbitrary. The AHSI Association of Health Sciences Institutes highlighted that the Supreme Court in several judgments has emphasized that the method of fixation of fees will be put through various guidelines such as infrastructure, expansion, etc.
Advocate appearing on behalf of the petitioners raised the point that impugned OM official memorandum is questionable to this extent that three high courts namely, Kerela high court, Madhya Pradesh high court, and Madras high court stayed it. The Madras high court has stated it to be “bad in law” and remanded it back to the regulator.
Justice Chandrachud even questions the validity, "How can you say fee in 50% of the seats in private medical colleges will be at par with govt. medical colleges?
The petitioner argues that private, unaided colleges should be allowed to set the annual cost they would charge students. The Fee Committee will monitor this fixation to ensure that there is no profiteering and that the fee collected allows the private, unaided institutions to cover their cost and make a reasonable profit or surplus for future growth.
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(With input from news agency language)
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