AISWARYA MANOHAR Vs. ACADEMY OF MEDICAL SCIENCES

JUDGEMENT

(1.) These writ petitions concern common questions relating to fixation of fee of MBBS/BDS students in the Academy of Medical Sciences, Pariyaram (hereinafter referred as the 'Academy'). The Academy and Co-operative Hospital Complex started functioning as a self financing institution. The Kerala Co-operative Hospital Complex and the Academy of Medical Sciences (Taking over the Management and Administration) Ordinance No.33 of 2018, came into effect on 14/4/2018, by which the Government took over the management and administration of the Academy. Later by virtue of the Kerala Co-operative Hospital Complex, The Academy of Medical Sciences and Allied Institutions (Taking over and Administration) Ordinance No.20 of 2019, which came into effect on 2/3/2019, the Government took over the aforesaid institutions, and it vested in the Government. The Ordinance 20/2019 has since been replaced by Kerala Co-operative Hospital Complex, The Academy of Medical Sciences and Allied Institutions (Taking over and Administration) Act , 2019. The college is renamed as Government Medical College, Kannur. The moot question in these cases is regarding the fee that could be collected from the students. Petitioners contention is twofold. They challenge the fee fixed by the Admission and Fee Regulatory Committee (hereinafter referred as the 'Committee') and secondly it is their case that once the Academy has been taken over by the Government, only the fee prescribed for students in other Government colleges could be collected for students admitted in the Academy. We shall, for clarity, consider the facts of each case.

(2.) In WP(C) No. 16897/2018, petitioners are students admitted to MBBS Course under the merit quota in the 50% of Government seats. The Government by its order dated 25/7/2017 had fixed the fee for such students at Rs.2,50,000/-. Government Order dated 25/7/2017 has been issued based on a consensual agreement between the Government and the Management. For management quota students, the fee charged for MBBS Course was Rs.10 lakh and for BDS Course Rs.4 lakh. For students of MBBS Course under the NRI quota, the fee was Rs.14 lakhs and for BDS course, it was Rs.5 lakhs. A writ petition came to be filed by certain students who got admission under the management quota as W.P.(c)No.33336/2017 challenging the fee. This court directed the Committee to consider the complaint. The Committee by its order dated 13/4/2018 reduced the fee to Rs.4,86,000/- and in the process directed that the students admitted in merit quota under the Government seats have to remit Rs.2,36,000/- being the balance amount payable after reckoning the fee as Rs.4,86,000/-. Ext.P3 is the said circular issued by the college pursuant to the direction issued by the Committee. The petitioners took up the matter before the competent authority by submitting a representation as Ext.P4. But, there was no response. According to the petitioners, the Committee had fixed the fee only in respect of students who were admitted in the 35% management quota and it cannot have any effect on the fee charged to students who got admission under the merit quota. The other contention urged by the petitioners is that fee applicable for MBSS Courses in Government Medical College is only Rs.25,000/- per year. In the light of the aforesaid factual situation, petitioners have approached this Court inter alia seeking for a declaration that they should not be mulcted with the liability to pay any fee other than the fee fixed as per Government Order dated 25/7/2017 during the academic year 2017-18 and for a declaration that the College is entitled to collect only the tuition fee for the MBSS Course 2018-19 at the rate fixed for similar institutions run by the State and also for setting aside Ext.P3 as illegal and arbitrary.

(3.) Counter affidavit has been filed on behalf of the State inter alia stating that admissions were completed in the college as per Ext.P1 agreement dated 25/7/2017. But later, by virtue of judgment of a Division Bench of this Court reported in Kerala Self Financing Dental College Management Consortium v. State of Kerala (2017 (4) KLT 809), it was held that Government has no power to enter into any agreement with the Management. Ext.P1, therefore, has no consequence and the Admission and Fee Regulatory Committee is the competent body to approve the fee proposed by the Management. It is therefore the contention of the Government that when the Admission and Fee Regulatory Committee had decided to fix the fee based on the directions of this Court, uniform fee at the rate of Rs.4,85,000/- was fixed for the 85% of the intake and for the remaining 15% NRI seats an annual fee of Rs.14 lakhs was fixed. It was contended that the fee in other Government colleges cannot be adopted for fixing the fee in the above college. All the assets and liabilities of the college had been taken over by the Government. It is further contended that being a self financing college and when Ext.P1 agreement specifically indicates that the fee is subject to the decision of the Fee Regulatory Committee/competent Court, the students will have to pay the fee fixed by the Committee. Though the college has been taken over by the Government, it remains as a self financing institution of the Government and the petitioner cannot take any advantage of the same.