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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 :
SURYA KANT, J.
Leave granted.
2. The issue that arises for consideration has emanated from a direction given by the State of Kerala’s Admission and Fee Regulatory Committee that a corpus fund be created to subsidize medical education for Below Poverty Line (BPL) students admitted to selffinancing medical educational institutions in the State. This corpus fund was to be created by remitting to the State Government a part of the fees collected from NonResident Indian (NRI) students admitted to those colleges.
3. The Kerala High Court, at Ernakulam (High Court) vide the common Impugned Judgment dated 23
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.
Uniform fee structures for educational institutions are impractical; fees must reflect allowable expenditures and institutional specifics.
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....
The corpus fund is considered part of the tuition fee for NRI students, making its payment mandatory.
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....
Corpus Fund constitutes a part of the tuition fee under the NRI quota as established by prior judicial precedent.
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