By condemning the private medical colleges on their act of charging the captivation fee, the Apex Court culled out certain relevant findings and steps to be taken to deal with the same.
A Division Bench of Justice L. Nageswara Rao and Justice B.R. Gavai by expressing their concern over the continuance of charging of captivation fee by private medical colleges, construed a set of conclusions from the suggestions that were put forth by the Amicus Curiae, the Council for States and the National Medical Council and listed the matter for further hearing in July, 2022.
In the present case the orders passed by the Fee Fixation Committee for undergraduate medical courses were assailed by the students and private medical colleges before the High Court. The High Court allowed the writ petitions filed by the students and dismissed the writ petitions filed by the management of private medical colleges. Thereafter a notice was issued by this Court in a Special Leave Petition on July 9, 2010. Consequently, on August 16, 2010, the judgment of the High Court was stayed on the condition that the private medical colleges would refund fees to the students in accordance with the order of the High Court and subject to the condition that the students furnished the bank guarantees.
Pursuant to the order dated August 6, 2014, the learned Amicus Curiae filed an interim status report on October 7, 2014. Thereafter, the Apex Court examined the Interim Status Report in detail, and directed the Registry to furnish a copy of the Report to the Chief Secretaries / Administrator of the respective States / Union Territories and to the representative of the students who were directed to forward their responses to the Amicus Curiae directly. The appeals were directed to be listed for further directions on the Interim Status Report thereafter. The matter was listed for hearing on April 20, 2022.
The Court before making suggestions on curbing the capitation fee emphasized on the fact that this Court had time and again dealt with the cases wherein the evil practice of charging captivation fee was assailed. It cited the case of, TMA Pai Foundation & Ors. Vs. State of Karnataka, wherein it was observed that a rational model should be adopted by the management, which would not be entitled to charge a capitation fee.
Another case that was preferred was of Islamic Academy of Education and Anr. Vs. State of Karnataka and Ors, wherein it was observed that once fee is fixed by the Committee, the institute cannot charge either directly or indirectly any other amount over and above the amount fixed as fee.
And lastly the case of P.A. Inamdar v. State of Maharashtra, wherein it was observed that capitation fee cannot be permitted to be charged and no seat can be permitted to be appropriated by payment of capitation fee. This Court observed that it cannot shut its eyes to the hard realities of commercialization of education and evil practices being adopted by many institutions to earn large amounts.
The Court further observed that despite the fact that State Legislations are in existence, however, the dark reality is that the evil practice of charging the captivation fee was prevalent for admission to medical colleges even in the present times.
Subsequently, the conclusions that were drawn by the Court with respect to the submissions made by the Amicus Curiae, the Medical Council for the States and National Medical Council were that firstly, a web- portal under the aegis of Supreme Court was to be set - up wherein the information about the private medical colleges charging the captivation fee can be furnished by the students.
Secondly, the Chief Secretaries of the States and Union Territories were directed to publish the details about the web-portal in the English as well as vernacular newspapers at the time of admission.
Thirdly, while fixing the schedule for the admission process, the National Medical Commission and the Dental Council of India have to make sure that the counseling for all the rounds, including the stray vacancy round, is completed at least two weeks before the last date of admission, the Court stated.
Fourthly, it was stated that the names of students who are recommended by the authority for admission in the stray round vacancy have to be made public along with rank allotted to them in the NEET exam.
Fifthly, it was stated that while fixing the fee, the Fee Fixation Committees of the States should take into account all the components of fee, leaving no scope for managements to charge any additional amounts apart from what has been prescribed by the fee fixation committee from time to time.
Sixthly, the management of private medical colleges was strictly prohibited from accepting payment of fees in cash, in order to avoid charging a capitation fee.
And lastly, the Director General of Health Services and other concerned authorities to the State Governments should ensure that the All-India Quota and State Quota rounds of counseling are completed strictly in accordance with the time schedule that is fixed.
The matter was listed for further hearing, in July 2022.
Case name: RASHTREEYA SIKHSHANA SAMITHI TRUST ETC Vs. COMMITTEE FOR FIXATION OF FEE STRCUTRE OF PRIVATE PROFESSIONAL COLLEGES AND ORS. ETC.
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