FATHIMA THAZKIYA O. Vs. NATIONAL MEDICAL COMMISSION

JUDGEMENT

(1.) The National Medical Commission is enlivened by an Act of Parliament, namely, the National Medical Commission Act, 2019. The pivotal aim of the Commission, inter alia, is to improve access to quality and affordable medical education in India; to which end, it has been statutorily vested with the competence to guide the modus and manner of fixing of fees and other charges in Private Medical Institutions and Deemed-to- be-Universities.

(2.) Among the three writ petitions above, two have been filed by Associations/Federations of Managements of Self Financing Private Medical Colleges in Kerala, impugning an Office Memorandum (hereinafter referred to as the "OM", for short) issued by the National Medical Commission (hereinafter referred to as the "NMC", for ease) stipulating guidelines for the determination of fees in such institutions; while, W.P. (C)No.5503/2022 has been filed by a student of Medicine, seeking that the said "OM" - produced as Ext.P7 therein - be directed to be implemented in Kerala and it be ordered to be published.

(3.) I have heard Sri.Kurian George Kannanthanam - learned Senior Counsel, instructed by Sri.P.M.Saneer - learned counsel for the petitioners in W.P. (C)Nos.5851/2022 and 24112/2022,; Sri.Ashik K.Mohamed Ali - learned counsel for the petitioner in W.P. (C)No.5503/2022; Sri.Titus Mani Vettom - learned Standing Counsel for the NMC; Sri.N.Raghuraj - learned Standing Counsel appearing for the Travancore-Cochin Medical Council; Sri.S.Manu - Assistant Solicitor General for the Union of India; Smt.Mary Benjamin - learned Standing Counsel for Admission and Fee Regulatory Committee (AFRC) in Kerala; Sri.K.B.Gangesh - learned counsel appearing for the Kerala State Legal Services Authority and Sri.P.G.Pramod, learned Government Pleader for the State of Kerala and its functionaries.