Madras High Court To Pronounce Orders Tomorrow On Plea Challenging NMC Order For Govt Rate Fee In 50% Private Medical College Seats

Madras High Court will pronounce orders tomorrow on pleas filed by Private Medical Colleges challenging the order passed by the National Medical Council directing all private medical colleges to charge a fee equivalent to that charged by the Government in 50% seats of these institutions.

The orders will be pronounced by the first bench of Chief Justice Munishwar nath Bhandari and Justice N Mala.

The petitioners challenged the validity of Section 10(1)(i) of the Act and the memorandum issued pursuant to the same contending that the same violated the fundamental right guaranteed under Article 19(1)(g) of the Constitution to establish and administer educational institutions. They also contended that it would result in cross-subsidizing education as some students will be compelled to pay for the education of others.

The petitioners also contended that even if Section 10(1)(i) of the NMC Act was held to be valid, the office memorandum issued by the NMC would still be arbitrary, null, and void. The Act gave powers to the NMC to frame 'guidelines' for the determination of fees in respect of 50% of the seats and not to "decide" the fee itself.

Case Title: Melmaruvathur Adhiparasakthi Institute of Medical Sciences v. Union of India and others

Case No: WP No. 17966 of 2022