The Supreme Court on Wednesday refused to interfere with a Rajasthan High Court judgment holding that reservation for Economically Weaker Sections (EWS) in self-financed private medical colleges applies only at the stage of admission and does not confer any right to subsidised tuition fees at par with government run medical colleges.
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The Supreme Court on Wednesday refused to interfere with a Rajasthan High Court judgment holding that reservation for Economically Weaker Sections (EWS) in self-financed private medical colleges applies only at the stage of admission and does not confer any right to subsidised tuition fees at par with government run medical colleges.
Dismissing a petition challenging the fee structure in self-financed private medical colleges, a Bench of Justice B.V. Nagarathna and Justice Joymalya Bagchi observed that self-financed institutions cannot be expected to charge fees at par with government-run colleges, which receive substantial financial support from the State.
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The petitioner had questioned how students belonging to EWS families, with an annual income ceiling of ₹8 lakh, could afford private medical college fees ranging from nearly ₹19 lakh to ₹25 lakh per year. However, the Court noted that affordability by itself could not be a ground to compel private institutions to charge government-level fees for EWS students. The court said that those who cannot pay can opt for scholarship and subvention.
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Referring to the nine-judge Constitution Bench decision in T.M.A. Pai Foundation, Justice Nagarathna pointed out that while capitation fees are prohibited, private institutions are entitled to charge fees determined in accordance with law and approved by the competent Fee Regulatory Committee.
The Bench also emphasised on the important role played by private medical colleges in supplementing the State’s efforts in medical education and increasing the availability of doctors. It observed that undermining the viability of such institutions could adversely affect the larger objective of expanding medical education in the country.
The Rajasthan High Court had earlier upheld the fee structure fixed by the State Fee Regulatory Committee and ruled that EWS reservation ensures access to admission but does not create a statutory entitlement to concessional or differential fees in private institutions.
Finding no reason to take a different view, the Supreme Court dismissed the petition while keeping the question of law, if any, open for consideration in an appropriate case.
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