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Manipur High Court
Shija Academy Of Health Sciences vs State Of Manipur & 4 Ors on 20 February, 2026
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Item No. 7-8
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 146 of 2026 with
MC(WP(C) No. 151 of 2026
Shija Academy of Health Sciences
.....Petitioner/s
- Versus -
State of Manipur & 4 Ors.
.... Respondent/s
BEFORE
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
Order
20.02.2026
[1] Heard Mr. HS. Paonam, learned senior counsel assisted
by Mr. S. Gunabanta, learned counsel for the petitioner (Shija Academy
of Health Sciences, in short SAHS).
[2] Learned senior counsel for the petitioner submits that the
petitioner is the only private college in Manipur imparting MBBS course
since 2022 and from the current year i.e. 2026 PG Course will be
commenced. The petitioner has been allotted 8 (eight) seats of PG
courses, two seats each in MD Biochemistry, MD General Medicine,
MS General Surgery and MD Radiodiagnosis. 50% seat is reserved for
the State Quota and 50 % seat is for the Management Quota.
[3] The State Government has constituted a committee
headed by the Commissioner-cum-Secretary (Health & Family
Welfare), Government of Manipur as a Member Secretary and three
representatives, one from Manipur University, one Charter Accountant
and one representative from National Medical Council (NMC), Delhi for
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fixing fee for the PG Course in the State of Manipur for the petitioner's
college.
[4] The committee held its meeting on 06.02.2026 and
07.02.2026 and the petitioner's college also submitted proposed fee for
the State Quota as well as Management Quota for the four seats each
on 06.02.2026 in terms of the direction of the committee. The fee
proposed by the petitioner vide letter dated 06.02.2026 is reproduced
as:
"State Quota
Subject Seats Tuition fee (Annual)
MD Biochemistry 1 Rs.3,00,000/-
MD General Medicine 1 Rs.25,00,000/-
MS General Surgery 1 Rs.25,00,000/-
MD Radiodiagnosis 1 Rs.32,00,000/-
Management Quota
Subject Seats Tuition fee (Annual)
MD Biochemistry 1 Rs.5,00,000/-
MD General Medicine 1 Rs.55,00,000/-
MS General Surgery 1 Rs.50,00,000/-
MD Radiodiagnosis 1 Rs.65,00,000/-
[5] Learned senior counsel for the petitioner has pointed out
that since the fee for the petitioner's college was not finalized, the 1st
three rounds of counseling for admission to PG Courses in its college
could not be conducted. Thereafter, vide order dated 18.02.2026, the
Joint Secretary (Health & Family Welfare), Government of Manipur
issued an order notifying fee for PG Courses in the petitioner's college
for State Quota as well as for Management Quota on the
recommendation of the committee. The relevant part is reproduced as:
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"A. State Quota
Sl. No. Subject No. of Fees (at par with JNIMS)
Seats
1 MD Biochemistry 1 Rs. 1,00,000/- for whole course (Rs.
2 MD General Medicine 1 50,000/- in 1st year, Rs. 25,000/- 2nd
3 MS General Surgery 1 year and Rs. 25,000/- in 3rd year)
B. Management Quota:
Sl. Subject No. Tuition Fee (per Admission Caution
No. of annum) fees (one Fee
Seat time) (refundable)
1 MD Biochemistry 1 Rs. 5,00,000/- Rs.75,000/- Rs. 25,000/-
2 Md. General 1 Rs. 55,00,000/- Rs. 75,000/- Rs. 25,000/-
Medicine
3 MS General Surgery 1 Rs.50,00,000/- Rs. 75,000/- Rs. 25,000/-
4 MD Ragiodiagnosis 1 Rs.65,00,000/- Rs. 75,000/- Rs. 25,000/-
[6] Mr. HS. Paonam, learned senior counsel for the
petitioner, submits that there is no subsidy or incentive from the State
Government for running the private medical college and the institute
has to bear heavy expenses for developing of manpower as well as
infrastructure and the expenses of running the medical college is to be
adjusted against the fee collected from the students.
[7] Learned senior counsel for the petitioner also draws the
attention of this Court to the O.M. dated 03.02.2022 issued by the NMC
which is the guideline for fixing fees for 50% Government Quota in
Private Medical College and para 19 prescribes that while determining
the fee, direct expenses such as salary of the teaching faculty and
other directly identifiable expenses in respect of PG courses have to be
considered. In the impugned order dated 18.02.2026, the fee
chargeable to the State Quota is Rs. 1,00,000/- for three years
whereas the proposed fee for the Management Quota has been
approved by the Committee. Learned senior counsel for the petitioner
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also referred to the order dated 16.10.2025 in WP(C) No. 827 of 2025
passed by this Court in a writ petition filed by the same petitioner
regarding the fee for MBBS course in State Quota as an interim
measure and also challenging the O.M. dated 03.02.2022 issued by the
NMC. This Court fixed a sum of Rs. 5,00,000/- per annum as an
interim fee for the MBBS course for the year 2025-2026 for the 50%
State Quota seat subject to the outcome of the petition and with the
condition that any excess has to be refunded by the college.
[8] It is submitted that as an interim measure and so as to
enable the college to sustain the PG Courses, it is prayed that the fee
proposed by the college to the committee at the rate of 50% of the
Management Quota may be maintained for State Quota for the time
being subject to the outcome of the writ petition or any other conditions
this Court may deem fit.
[9] Issue notice.
[10] Mr. Th. Sukumar, learned G.A. accepts notice on behalf
of respondent Nos. 1 to 4 and Mr. BR. Sharma, learned CGC on behalf
of respondent No. 5. Hence, service is complete on all the
respondents.
[11] Mr. Th. Sukumar, learned G.A., submits that he may be
given some time to take instruction to the proposal made by the
learned senior counsel for the petitioner as an interim fee and he has
no instruction at the moment.
[12] Mr. BR. Sharma, learned CGC for NMC, also prays for
some time for filing counter affidavit.
[13] This Court has perused the materials on record. As the
fee for the petitioner's college was fixed only on 18.02.2026, the
petitioner's college could not conduct the first three rounds of
counseling for PG Courses and it is submitted that the stray round
counseling will be conducted from 20.02.2026-23.02.2026 and last date
of joining is 28.02.2026.
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[14] The proposal submitted by the petitioner's college to the
Committee vide letter dated 06.02.2026 (quoted supra) for State Quota
has been rejected and reduced drastically. However, the Management
Quota fee as proposed by the petitioner has been approved in toto as
annual fee in addition to admission fee (one time) and caution fee
(refundable). The fee fixed for the Management Quota by the
Committee vide the impugned order dated 18.02.2026 is per annum.
However, the State Quota fee for the four PG subjects has been fixed
at Rs. 1,00,000/- for the whole three years courses at par with the
JNIMS i.e. first year Rs. 50,000/-, second year Rs. 25,000/- and third
year Rs. 25,000/-.
[15] During the course of hearing, it has been informed that
the petitioner's college is under obligation to pay a sum of Rs. 50,000/-
per month as stipend to each PG student and stipend alone per year
comes to a sum of Rs. 6,00,000/-. It has been submitted that the fee
approved for State seat will not be sufficient to meet the expenses in
imparting PG Courses for three years and it will not be viable for the
college to conduct the PG Courses.
[16] This Court is conscious of the settled law that the
determination of fee is best left to the expert and the Court, in normal
course, should not substitute its opinion against the decisions and
findings of the expert committee. However, on perusal of the fee
approved by the State Government on the recommendation of the
expert committee, the fee fixed for State Quota at the rate of Rs.
1,00,000/- for three years is too low.
[17] It is already noted above that vide order dated
16.10.2025 passed by this Court in WP(C) No. 827 of 2025 (filed by the
same petitioner), this Court provisionally fixed the fee for MBBS
Course, for 50% for the State Quota at the rate of Rs. 5,00,000/- per
annum against Rs. 45,700/- fixed by the State Government subject to
the outcome of the writ petition and with condition of refund of excess
amount, if any.
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[18] In the circumstances, this Court is constrained to fix an
interim fee for the 50% State Quota for PG Course in the petitioner's
college i.e. SAHS, keeping in mind the expenses to be incurred and
interest of PG students. The interim fees for PG Course in four subjects
for State Quota in SAHS are as below:
A. State Quota
Subject Seats Tuition fee (Annual)
MD Biochemistry 1 Rs.3,00,000/-
MD General Medicine 1 Rs.15,00,000/-
MS General Surgery 1 Rs.15,00,000/-
MD Radiodiagnosis 1 Rs.20,00,000/-
[19] It is clarified that this Court does not express any opinion
on the merit of the case. It is also pointed out that till the disposal of the
present writ petition, the provisional fee proposed by this Court (supra)
for 50% State Quota the PG Courses in SAHS commencing from 2025-
2026 will apply. The above mentioned provisional fee is subject to the
outcome of the writ petition and the petitioner shall refund the excess to
the PG students, if any.
[21] In terms of the observations made above, the fee
prescribed in the impugned order dated 18.02.2025 for State Quota at
"A" shall remain suspended until further order.
[22] List this case on 18.03.2026.
[23] Furnish a copy of this order to the learned counsel
appearing for the parties during the course of the day through
whatsapp or any available mode.
KH. Digitally signed
by KH. JOSHUA
JOSHUA MARING
Date: 2026.02.20
JUDGE
MARING 19:47:29 +05'30' Kh. Joshua Maring
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