(1.) IS petitioner liable to pay additional fees to clear her MBBS Course under NRI Quota beyond 4 V2 years' of studies? This is the short question posed for determination in this petition under Article 226 of the Constitution of India.
(2.) FACTS essential and relevant for the decision are as under. In the year 1999-2000, respondents offered admissions in MBBS Course under NRI quota in five Medical Colleges in the State against lumpsum payment of prescribed fees of US $ 67,500. Petitioner took admission under the said quota and started prosecuting her studies in the MGM Medical College, Indore. The duration of course of the studies is 4 1/2 years consisting of three professional examinations. She timely cleared her first and second professional examination. In the third professional examination held in February-March 2005, she passed in theory papers but could not clear practical examination of Medicine subject. It is undisputed that she has to clear the subject before entering upon internship.
(3.) AFTER notice, respondents filed reply and justified demand for additional fees. They denied any hostile discrimination and asserted that petitioner, being a student under NRI quota, is bound to pay additional fees as per rules. (Annexure R-1).