Najiya Neermunda & Anr. Etc. vs Kunhitharuvai Memorial Charitable Trust

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 107

L. NAGESWARA RAO, S. RAVINDRA BHAT
Najiya Neermunda & Anr. Etc. – Appellant
Versus
Kunhitharuvai Memorial Charitable Trust – Respondent

Advocates appeared:
For the parties : Mr. Ramesh Babu M. R., AOR Mr. Dushyant Dave, Sr. Adv. Mr. Haris Beeran, Adv. Mr. Mushtaq Salim, Adv. Mr. Usman Ghani Khan, Adv. Mr. Azhar Asees, Adv. Ms. Pallavi Pratap, AOR Mrs. Priyanka Prakash, Adv. Mrs. Beena Prakash, Adv. Mr. G. Prakash, AOR Mr. Raghenth Basant, Adv. Mr./Ms. Navneet R., Adv. Ms./Mr. Sonali Jain, Adv. Ms. Purnima Krishna, AOR Mr. Shyam Divan, Sr. Adv. Mr. Zulfiker Ali P.S., AOR Ms. Sugandha Yadav, Adv. Mr. Faisal M. Aboobacker, Adv. Ms. Lakshmi Sree P., Adv Ms. Pallavi Pratap, AOR Mr. Abid Ali Beeran P, AOR Mr. G. Prakash, AOR Mr. James P. Thomas, AOR Mr. C. K. Sasi, AOR Ms. Swati Setia, AOR

JUDGMENT

L. NAGESWARA RAO, J.

1. The controversy in these Appeals pertains to fee fixation by the Admission and Fee Regulatory Committee for MBBS students in private self-financing medical colleges in the State of Kerala.

2. Pursuant to the judgement of this Court in P.A. Inamdar & Ors. v. State of Maharashtra & Ors., (2005) 6 SCC 537 the State of Kerala enacted Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006. The Rules framed under the said Act came into force w.e.f. 2006. The said Act was replaced by Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act, 2017 (hereinafter referred to as "the 2017 Act"). Certain provisions of the 2017 Act were challenged by way of Writ Petitions filed in the High Court of Kerala. The fixation of admission fee for all the medical colleges in the State of Kerala provisionally at Rs. 5 Lakh by the Admission and Fee Regulatory Committee was also subject matter of challenge in the said Writ Petitions. Section 8 of the 2017 Act

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2021 Supreme(SC) 107

L. NAGESWARA RAO, S. RAVINDRA BHATNajiya Neermunda & Anr. Etc. – AppellantVersusKunhitharuvai Memorial Charitable Trust – Respondent

Cases Referred (4)

L. NAGESWARA RAO, S. RAVINDRA BHAT
Najiya Neermunda & Anr. Etc. – Appellant
Versus
Kunhitharuvai Memorial Charitable Trust – Respondent