T. M. A. Pai Foundation vs State of Karnataka

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1994 Supreme(SC) 583

SUPREME COURT OF INDIA
B.P. Jeevan Reddy, Kuldip Singh, S.C. Agarwal, S. Mohan, S.P. Bharucha
T. M. A. PAI FOUNDATION OTHERS, PETITIONER
Versus
STATE OF KARNATAKA AND OTHERS, RESPONDENTS.
Writ Petition (C) No. 317 of 1993 with W. P. (C) Nos. 442, 327, 350, 463, 613, 597, 536, 626, 444, 417, 523, 474, 485, 484, 355, 525, 469, 392 of 1993, SLP (C) No. 14437 of 1993, W. P. (C) Nos. 629, 399, 571, 531, 603 of 1993, I. A. Nos. 3, 4-8 of 1993 in C. A. No. 927 of 1993, W. P. (C) Nos. 702, 582, 628, 663, 284, 555, 343, 596, 660, 482, 407, 737, 738, 746, 747, 479, 610 of 1993, W. P. (C) No. 2228 of 1981, SLP (C) No. 8844 of 1986, C. A. No. 3147 of 1993, W. P. (C) Nos. 627, 685, 706, 726, 598 of 1993, C. A. Nos. 3148-50 of 1993, C. P. No. 92 of 1994 in W. P. (C) No. 317 of 1993, decided on May 13, 1994.

Headnote:
Medical Collages having their own Hospital facilities and partly utilizing Government facilities - Ministry of Health and Family Welfare – Jurisdiction - Union of India has filed an affidavit through Director, Ministry of Health and Family Welfare, Government of India - It is stated therein that the Government of India is in the process of finalizing the fee structure in the Medical and Dental Colleges - It is, however, indicated in draft guideline annexed to the affidavit that an amount of per student per year shall be payable as fee in the Medical Colleges in respect of the payment seats - So far as Dental Colleges concerned, the fee suggested - Court have heard learned Solicitor General in this respect. We have also heard Senior Advocates. We are of the view that the fees structure suggested in the guideline is very much on the higher side – Held, Dental Colleges availing the facilities of Government Colleges - So far as the NRI quota is concerned, we fixed the same as last year - Court fixed the NRI quota in respect of minorities institutions - Although the NRI quota should not, normally, be more than but keeping in view the reduction in fee structure, we fix the same for this year - further make it clear that in case any seat in NRI quota remains unfilled, the same can be filled by Management at its discretion - Court So far as other Medical including Homeopathy Institutions are concerned Court leave it to respective State Government to fix the fee structure - State Government shall keep in view reduced fee structure which Court have fixed for Medical and Dental Colleges – Order accordingly

ORDER

1. The Union of India has filed an affidavit through Mr Alok Perti, Director, Ministry of Health and Family Welfare, Government of India. It is stated therein that the Government of India is in the process of finalising the fee structure in the Medical and Dental Colleges. It is, however, indicated in draft guideline annexed to the affidavit that an amount of Rs. 1,90,000 per student per year shall be payable as fee in the Medical Colleges in respect of the payment seats. So far as the Dental Colleges ar concerned, the fee suggested is Rs. 1,30,000. We have heard Mr D. P. Gupta, learned Solicitor General in this respect. We have also heard Mr Kapil Sibal and Mr Tarkunde, Senior Advocates. We are of the view that the fees structure suggested in the guideline is very much on the higher side. While arriving at this figure, the Government of India has not taken into consideration the Non-Resident Indian (NRI) component which itself is a measure of subsidy to the Institutions.

2. We fix the following tentative and provisional fee structure for Medical and Dental Colleges for the year 1994-95 :

Medical Colleges

(1) Medical Colleges having their own Hospital facility - Rs. 1,10,000 per annum.

(2) Medical Collages having their own Hospital facilities and partly utilising the Government facilities - Rs. 1,00,000 per annum.

(3) Medical Colleges who do not have their own Hospital facilities, but entirely depend on Government Colleges for training of students - Rs. 90,000 per annum.

Dental Colleges

(1) Dental Colleges having their own Hospital facilities - Rs. 70,000 per annum.

(2) Dental Colleges availing the facilities of Government Colleges - Rs. 60,000 per annum.

3. So far as the NRI quota is concerned, we fixed the same as 15% last year. We fixed the NRI quota in respect of minorities institutions as 5%. Although the NRI quota should not, normally, be more than 5%, but keeping in view the reduction in the fee structure, we fix the same as 10% (of the total seats) for this year. We further make it clear that in case any seat in the NRI quota remains unfilled, the same can be filled by the Management at its discretion.

4. So far as the other Medical (Indian system of Medicine) including Homeopathy Institutions are concerned, we leave it to the respective State Government to fix the fee structure. The State Government shall keep in view the reduced fee structure which we have fixed for the Medical and Dental Colleges.

5. Writ Petition 2228 of 1981 and SLP No. 8844 of 1986 are delinked and are to be listed separately.

CP No. 92 of 1994 in WP No. 317 of 1993

6. At the request of Mr Acharya, learned Advocate General for the State of Karnataka, we adjourn this contempt petition to 20-7-1994.

Court Master.

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