Madras HC Orders Self-Financing Medical Colleges To Admit Students, With Provisional Fee Of Rs. 10 Lakh [Read Order]

The High Court of Madras on Friday reportedly directed self-financing medical and dental colleges for Post Graduation courses of Pondicherry University to admit medical students under the State quota before June 19.

The Bench comprising Justice Indira Banerjee and Justice Sunder further directed the colleges to collect a provisional fee of Rs. 10 lakh for clinical courses, before classes begin from June 20. The students have been directed to submit the fee to the Centralized Admission Committee, until such fee is fixed by the Fee Committee. The order has also proposed setting up of a committee to oversee fee-related matters.

“The admission of students in medical institutions as also fee charged by such medical institutions are ex-facie the matters of immense public importance. This Court cannot shut its eyes to impediments in the way of individual litigation by young students. This Court can take note of the facts pleaded by a public spirited citizen in a public interest litigation and suo motu pass orders to redress the grievances of the student community. Moreover, we are informed that separate writ petitions have also been filed by and/or on behalf of affected candidates”, said the Bench.

The Court is hearing a petition filed by Chennai based lawyer Mr. V.B.R. Menon, demanding a declaration that the fee structure for self-financing medical and dental colleges for Post Graduation courses shall be fixed by the Puducherry Fee Committee.Mr. Menon has alleged that the committee has so far only fixed the fee for 3 such colleges. As a result of such lapse, the colleges are demanding huge amounts of money from the candidates.

Allowing the interim order the Bench held;

“Considering that the future of the students who are admitted pursuant to this interim order remains uncertain, there is an immense urgency and we expect that the University Grants Commission (seventh respondent) and Ministry of Human Resource Development (sixth respondent) shall forthwith constitute a Committee to regulate the fees chargeable by the self-financed deemed Universities, after giving all stakeholders including the Universities adequate opportunity of representation. The decision of the Fee Committee shall abide by the result of the writ petition” 

Order 

We, therefore, deem it appropriate to pass an interim order directing the deemed Universities to admit the students provisionally selected and successful in the admission tests/counselling to the vacant seats in order of their merit, subject to the condition that the students shall each deposit Rs.10.00 lakhs at the time of admission towards the annual fee for the first year with CENTAC (third respondent) and subject to the further condition that in the event the fees determined by the Fee Committee that may be constituted by the University Grants Commission (seventh respondent) and Ministry of Human Resource Development (sixth respondent) to study the fee structure of the deemed Universities is higher, they shall pay the differential amount. Needless to mention that those students who have already taken admission by depositing the full fees will, if necessary, be entitled to refund/adjustment of the difference between the fees that might be determined by the Committee and the amount paid by them. Such admission shall be effected within 5 P.M. on 19 th June 2017 and the students will be allowed to provisionally attend their classes from 20 th June 2017.