T.M.A. Pai Foundation And Others Vs. State Of Karnataka And Others
EmailAppeal: lAs. Nos. 81-83 in W.P.(C) No. 317 of 1993
Petitioner: T.M.A. Pai Foundation And Others
Respondent: State Of Karnataka And Others
Apeal: lAs. Nos. 81-83 in W.P.(C) No. 317 of 1993
Judges: .C.Agarwal & G.T.Nanavati,JJ.
Date of Judgment: Sep 08, 1997
Head Note:
EDUCATION
Constitution
Article 32 – Charge f admissionfee – Nor -Maharash-trian students asked to pay double fee Earlier order of Court dated 9.8.6 in C W N e 317 of 1993 – Fee payble and orders applicable to state of Mahar-ashtra also – State Govt. having issued circular also. Ordered that Mahatama Gandhi Mission Medical College, Ausangabad shall charge same fee and not double of what has been permitted. (Para 4,5)
JUDGEMENT:
ORDER
1. Application for impleadment is dismissed.
IAs Nos. 81-83 of 1997
2. These lAs relate to the charge of admission fees from students who are undergoing the MBBS course in Mahatma Gandhi MissionMedi-cal College, Aurangabad in the State of Maharashtra. The grievance of the applicants is that they being non-Maharashtra students, are being required to pay double the fees charged from students belonging to the State of Maharashtra and this is in contravention of the directions that have been given from time to time by this Court in the matter of charging of fees for medical courses in WP No. 317 of 1993. Last such order on which relianced has been placed by the applicants is the order dated 9-8-1996 whereby this Court clearly indicated that the fees mentioned in the said order would apply to the States including the State of Maharashtra.
3. Counter-affidavits have been filed on behalf of the State of Maharashtra as well as on behalf of the college concerned. In the counter-affidavit of Mrs Snehal Suresh Gokhale filed on behalf of the State of Maharashtra it is stated that after the passing of the order dated 9-8-1996 the State Government has issued a circu-lar dated 11-9-1996 directing that the fees for the MBBS/BDS courses shall be charged as per the judgment of this Court dated 10-5-1996 and it is not permissible for the college concerned to charge double the fees from students belonging to the States other than the State of Maharashtra. In the counter-affidavit filed by Kamal Kishore Kadam on behalf of Mahatma Gandhi Mission Medical College, reliance has been placed on the earlier govern-ment order dated 17-6-1992 as well as the government resolution dated 9-6-1994. It has been submitted that by the order dated 17-6-1992 the Government has permitted the college to charge double the fees fixed for students belonging to Maharashtra in respect of students belonging to the States other than the State of Maharashtra and the said position was reiterated in the government resolution dated 9-6-1994 and on that basis the college is de-manding double the fees from the students belonging to the States other than the State of Maharashtra. It has also been submitted that the government order dated 9-6-1992 was upheld by this Court in Unni Krishnan, J. P v. State of A.P.1
4. We have heard Shri Khanwilkar, the learned counsel appearing for the college as well as Shri Muralidhar, the learned counsel for the applicants and Shri Mohta, the learned Senior Counsel appearing for the State. In our opinion, the order dated 17-6-1992 which permitted the college to charge double the fees from non-Maharashtra students was passed at a stage when the colleges were admitting the students on a different basis. The whole system has undergone a change after the decision in Unni Krish-nan, J.R case’. After the said decision the Court has been fixing the fees for MBBS/BDS courses in the various colleges in the country on a uniform basis. In view of the subsequent order of this Court passed regarding the fixation of fees for MBBS/BDS courses, it is no longer open to the Mahatma Gandhi Mission Medical College or any other college in the State of Maharashtra to charge fees on a footing different from those laid down in the directions given by this Court from time to time.
5. Having regard to the clarification made by this Court in the order dated 9-8-1996t which expressly indicates that it applies to all the States including the State of Maharashtra it must be held that the medical colleges in the State of Maharashtra cannot charge fees at double the rates from students belonging to the States other than the State of Maharashtra. On that view of the matter it is directed that the Mahatma Gandhi Mission Medical College shall charge the same fees from non-Maharashtra students which they are charging from the students belonging to the State of Maharashtra. From the counter-affidavit filed on behalf of the said college the total amount of fees payable by the students belonging to State of Maharashtra for academic years 1993-94 to 1997-98 comes to Rs 4,80,410. If any of the applicants has not paid the said amount, he, shall pay the same within two weeks. On payment of the same the college will process the examination forms of the students who have paid the said amount. In case any of the students of the said college has paid the amount in excess of Rs 4,80,410, the said amount would be refunded to the student within a period of four weeks. The applications are disposed of accordingly.
SLP (C) No. 10360 of 1997
6.IA No. I is dismissed as withdrawn.
7.Issue notice. Tag on with WP (C) No. 317 of 1993 and connected
matters.
1. Application for impleadment is dismissed.
IAs Nos. 81-83 of 1997
2. These lAs relate to the charge of admission fees from students who are undergoing the MBBS course in Mahatma Gandhi MissionMedi-cal College, Aurangabad in the State of Maharashtra. The grievance of the applicants is that they being non-Maharashtra students, are being required to pay double the fees charged from students belonging to the State of Maharashtra and this is in contravention of the directions that have been given from time to time by this Court in the matter of charging of fees for medical courses in WP No. 317 of 1993. Last such order on which relianced has been placed by the applicants is the order dated 9-8-1996 whereby this Court clearly indicated that the fees mentioned in the said order would apply to the States including the State of Maharashtra.
3. Counter-affidavits have been filed on behalf of the State of Maharashtra as well as on behalf of the college concerned. In the counter-affidavit of Mrs Snehal Suresh Gokhale filed on behalf of the State of Maharashtra it is stated that after the passing of the order dated 9-8-1996 the State Government has issued a circu-lar dated 11-9-1996 directing that the fees for the MBBS/BDS courses shall be charged as per the judgment of this Court dated 10-5-1996 and it is not permissible for the college concerned to charge double the fees from students belonging to the States other than the State of Maharashtra. In the counter-affidavit filed by Kamal Kishore Kadam on behalf of Mahatma Gandhi Mission Medical College, reliance has been placed on the earlier govern-ment order dated 17-6-1992 as well as the government resolution dated 9-6-1994. It has been submitted that by the order dated 17-6-1992 the Government has permitted the college to charge double the fees fixed for students belonging to Maharashtra in respect of students belonging to the States other than the State of Maharashtra and the said position was reiterated in the government resolution dated 9-6-1994 and on that basis the college is de-manding double the fees from the students belonging to the States other than the State of Maharashtra. It has also been submitted that the government order dated 9-6-1992 was upheld by this Court in Unni Krishnan, J. P v. State of A.P.1
4. We have heard Shri Khanwilkar, the learned counsel appearing for the college as well as Shri Muralidhar, the learned counsel for the applicants and Shri Mohta, the learned Senior Counsel appearing for the State. In our opinion, the order dated 17-6-1992 which permitted the college to charge double the fees from non-Maharashtra students was passed at a stage when the colleges were admitting the students on a different basis. The whole system has undergone a change after the decision in Unni Krish-nan, J.R case’. After the said decision the Court has been fixing the fees for MBBS/BDS courses in the various colleges in the country on a uniform basis. In view of the subsequent order of this Court passed regarding the fixation of fees for MBBS/BDS courses, it is no longer open to the Mahatma Gandhi Mission Medical College or any other college in the State of Maharashtra to charge fees on a footing different from those laid down in the directions given by this Court from time to time.
5. Having regard to the clarification made by this Court in the order dated 9-8-1996t which expressly indicates that it applies to all the States including the State of Maharashtra it must be held that the medical colleges in the State of Maharashtra cannot charge fees at double the rates from students belonging to the States other than the State of Maharashtra. On that view of the matter it is directed that the Mahatma Gandhi Mission Medical College shall charge the same fees from non-Maharashtra students which they are charging from the students belonging to the State of Maharashtra. From the counter-affidavit filed on behalf of the said college the total amount of fees payable by the students belonging to State of Maharashtra for academic years 1993-94 to 1997-98 comes to Rs 4,80,410. If any of the applicants has not paid the said amount, he, shall pay the same within two weeks. On payment of the same the college will process the examination forms of the students who have paid the said amount. In case any of the students of the said college has paid the amount in excess of Rs 4,80,410, the said amount would be refunded to the student within a period of four weeks. The applications are disposed of accordingly.
SLP (C) No. 10360 of 1997
6.IA No. I is dismissed as withdrawn.
7.Issue notice. Tag on with WP (C) No. 317 of 1993 and connected
matters.
