• Regulation of college fee

Is there any Supreme court ruling on the fees charged by private medical colleges? There is no known fee regulating body/authority.. Can the college charge fees according to their whims and fancies? Some states have fee regulatory committees but not all. Can a writ petition be filed for/against the same? Thanks in advance.
Asked 3 years ago in Civil Law from Ranchi, Jharkhand
Mohini Jain V/s State of Karnataka case

n 1989, the Government of Karnataka issued a notification that permitted the private medical colleges in the State of Karnataka to charge exorbitant tuition fees from the students admitted other than the 'Government seat quota'. Miss Mohini Jain, a medical aspirant student filed a petition in Supreme Court challenging this notification. The apex Court raised an important question that 'whether right to education is guaranteed to the Indian citizen under the Constitution of India?'

The Supreme Court of India observed that mention of 'life and personal liberty' in Article 21 of the Constitution[1] automatically implies some other rights, those are necessary for the full development of the personality, though they are not enumerated in Part III of the Constitution. Education is one such factor responsible for overall development of an individual and therefore, right to education is integrated in Article 21 of the Constitution.

Charging capitation fee limits the access to the education only to the richer section of the people. Poorer person with better merit can not get admission due to inability to pay money and as a consequence in educational institution a citizen's 'right to education' gets denied. Further, allowing charging capitation fee violates Article 14 of the constitution of India. The only method of admission to the medical colleges should be by merit and merit alone. The court further stated that the capitation fee was simply a price for selling education. The concept of "teaching shops" was not at par with the constitutional scheme and was entirely opposing character to the Indian culture and heritage.

Court made one significant remark in stating that if government recognises or approve a professional institution to run a professional course, it is State responsibility to ensure that the Institute should charge the government rates only and right to education is preserved
Ajay Sethi
Advocate, Mumbai
36417 Answers
2021 Consultations

5.0 on 5.0

yes you can challenge
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

you can on basis of SC judgement challenge the high capitation fees charged by private medical colleges
Ajay Sethi
Advocate, Mumbai
36417 Answers
2021 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer