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M. R. SHAH, SUDHANSHU DHULIA
Narayana Medical College – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT :
M.R. SHAH, J.
Leave granted.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Andhra Pradesh at Amravati in Writ Petition Nos. 33656/2018 and 8210/2019 the medical college/institution has preferred the present appeals.
2. Pursuant to the judgment and order passed by this Court in the case of P.A. Inamdar and Others vs. State of Maharashtra and Others, (2005) 6 SCC 537, the State of Andhra Pradesh framed Rules called the Andhra Pradesh Admission and Fee Regulatory Committee (for Professional Courses offered in Private Un-Aided Professional Institutions) Rules, 2006 (hereinafter referred to as the Rules, 2006). Rule 4 of the Rules, 2006 is with respect to the fee fixation. Following the report of the Admission and Fee Regulatory Committee (hereinafter referred to as the AFRC), the State Government issued G.O. dated 18.06.2011 fixing and enhancing the fee for the academic years 2011-12 to 2013-14. However, for the subsequent years, more particularly, for the block years 2017 to 2020 (period in question) without waiting for the report from the AFRC and on the representations made by the private medical colleges, the State Gov
The determination of fees for private medical colleges must be conducted by the Fee Regulatory Committee as per the Act of 2006, and the State Government cannot unilaterally extend previous fee struc....
The court reaffirmed that exclusion of necessary parties in fee fixation processes violates natural justice, and that fee structures must adhere to established guidelines.
The court established that delays in seeking relief under Article 226 do not bar claims when fundamental rights are violated, especially in cases involving mistakes or fraud.
The court reaffirmed that fee fixation determined by a committee must apply prospectively and cannot retroactively impose a refund on students admitted prior to the fee committee's ruling.
The imposition of excessive fees for medical college admission violates the equality principle under Article 14, compromising access to education for economically disadvantaged students.
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