Back
SURYA KANT, N. KOTISWAR SINGH
State of Kerala – Appellant
Versus
Principal, KMCT Medical College – Respondent
| Table of Content |
|---|
| 1. creation of a corpus fund by the state. (Para 2 , 3 , 5) |
| 2. the creation of a corpus fund requires legislative authorization. (Para 4) |
| 3. contentions regarding the legality of fee collection practices. (Para 6 , 7 , 8 , 9) |
| 4. court's analysis of the powers of the committee. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. analysis regarding the legality of the government order. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. discussion on nri students' entitlement for refunds. (Para 27 , 28 , 29 , 30) |
| 7. conclusion and directions for the appeals. (Para 39 , 40) |
JUDGMENT :
Leave granted.
3. The Kerala High Court, at Ernakulam (High Court) vide the common Impugned Judgment dated 23.07.2020 has: (i) quashed Government Order (MS) No. 107/2018/H&FWD dated 06.06.2018 (GO dated 06.06.2018); (ii) directed that the amounts collected from each NRI student to create a corpus fund be transferred to the respective institutions and maintained as a separate account to be utilized only for the benefit of students belonging to the economically weaker sections, who may be admitted to such institutions on the basis of allotment; (iii) directed such account to be operated only jointly by
The court affirmed that without legislative authority, a state cannot impose a fee structure or create a corpus fund for educational funding, emphasizing the need for statutory backing for financial ....
The court ruled that the Fee Committee lacks authority to collect fees for a Corpus Fund without legislative backing, affirming that all prescribed tuition fees must be paid by students.
Regulation of fee is within domain of Committee for fixation of fee which shall ensure that fee is non-exploitative and reasonable. Right conferred on institutions to fix fee for professional courses....
Private educational institutions can set their own fee structures, provided they do not engage in profiteering or capitation fees, adhering to principles established in precedential Supreme Court cas....
Provision only deals with power of the "NMC" qua 50% of seats in Private Medical Institutions; but the "OM" in question proffers twenty five directives to be adopted and followed by the competent Aut....
Point of law: The right to establish an educational institution can be regulated; but such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere ....
The Supreme Court's judgment affirms the rights of self-financing medical colleges to collect full NRI tuition fees, while BPL students are entitled to subsidized fees and refunds for excess payments....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
