VYANKAPPA NARAYAN PATKI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD all the learned Counsel; Shri Deo for the petitioners, Shri C. J. Sawant, Advocate General with Smt. S. S. Gokhale, A. G. P. for respondent Nos. 1 and 2, Shri R. A. Rodriques for respondent No. 3 and Shri V. D. Govilkar with Smt. J. A. Sarkhot for respondent No. 4. In this petition the question which arises for our consideration is whether the tuition fees fixed by the State Government for the students of the medical colleges in the State of Maharashtra under Govt. Resolution dated 17th July, 1997 is arbitrary and, therefore, hit by provisions of Article 14 of the Constitution of India or whether the said Resolution is illegal being contrary to the provisions of any enactment or rules made thereunder.

(2.) THE petition has been filed by a member of the Maharashtra Legislative Council and 60 students taking education for M. B. B. S. course in the Krishna Institute of Medical Sciences, Karad, District Satara, which is a private Medical College and which is represented before us by its Principal respondent No. 4. The 60 students, who are the petitioners, have been admitted to the M. B. B. S. course in two batches; some of them have been admitted at the commencement of the Academic year 1995-96 and others have been admitted at the commencement of Academic year 1996-97. The M. B. B. S. course is of four and half years comprising of nine terms. In view of the law laid down by the Apex Court in (Unni Krishnan J. P. and others v. State of Andhra Pradesh and others) 1993 (1) Supreme Court Cases, 645 as far as a private Medical College like respondent No. 4 is concerned, for the Academic year 1993-94, annual tution fees was fixed at Rs. 1,40,000/- for payment seat for Category 1, comprising of medical colleges who have their own hospital facilities. The same was fixed at Rs. 1,20,000/- per annum for a payment seat for Category 2 comprising of medical colleges partly utilising facilities of the Government hospitals, and partly their own hospitals and for Category 3, comprising of those medical colleges, who did not have their own hospital facilities but depended entirely on Government hospitals for training students, it was fixed at Rs. 1,00,000/- per annum, per payment seat. This is clear from the directions given by the Apex Court on 7th October, 1993 in (T. M. A. Pai Foundation and others v. State of Karnataka and others) 1993 (4) Supreme Court Cases 276.

(3.) FOR the Academic year 1994-95, the Apex Court by its order dated 13th May, 1994, in (T. M. A. Pai Foundation v. State of Karnataka) 1994 (4) Supreme Court Cases 728, fixed a tenative and provisional fee structure for medical colleges as under:--- CATEGORY 1" Rs. 1,10,000/- per year Category 2: Rs. 1,00,000/ per year; and Category 3; Rs. 90,000/ per year. It is not necessary to burden this judgment with details of the fees for the dental colleges since, in the present petition, we are only concerned with the students for M. B. B. S. course.