1998 Supreme(Bom) 754

IN THE HIGH COURT OF BOMBAY
A.V. Savant Vishnu Sahai, JJ.
Vyankappa Narayan Patki others ..... Petitioners.
Versus
State of Maharashtra through Secretary, Medical
Education and Drugs Department others.... Respondents.
Writ Petition No. 5887 of 1997, decided on 12-2-1998.
Advocates appeared :
P.B. Deo, for the petitioners.
C.J. Sawant, A.G. with Smt. S.S. Gokhale, A.G.P., for respondent Nos. 1 and 2.
R.A. Rodriques, for respondent No. 3.
V.D. Govilkar with Smt. J.A. Sarkhot, for respondent No. 4.

Headnote:Article 14-Medical college-Fixation of fees-Changes in mode-Arbitrary-Held-The fees structure had to be fixed-It is not only the interest of students but the interest of private professional colleges as also the public and motion that have to be considered while fixing fee structure-No arbitrariness in resolution Article 14 have not been violated.-It was pursuant to these directions that the State Government constituted a committee under the resolution dated 4th July, 1997, the committee was headed by Vice-Chancellor of the University of Mumbai Dr. (Smt.) 5 and two other members were SK, Secretary, Medical Education and

       Drugs Department. Government of Maharashtra and Director of Medical Education and Research, Government of Maharashtra. The committee held his meetings on 11th and 15th July, 1997. It considered the directions given by the Apex Court from time to time. It felt that costs of medical education varies very widely between one institution and other depending upon the infrastructioral facilities, method of accounts, the age of its assets, its location, availability of super specialities and sophisticated equipments, income generated from the medical college and hospital. The committee, therefore, decided to choose a representative hospital in a medium city where the facilities prescribed by Medical Council of India existed and number of beds in the hospital was as prescribed by the Medical Council of India. Applying these criteria, Dr. Y.M. Medical College, Solapur and Government Medical College, Nagpur were taken as representative medical colleges for the purpose of deciding the fees structure. The Director of Medical Education and Research collected the figures in respect of actual expenditure incurred by these two medical colleges and their hospitals for the year 1995-96. The committee took the view that private medical colleges for which fee is to be determined were already having infrastructure and only the expenditure on the maintenance of the hospital and college needed to be taken into account. This makes clear that capital expenditure on infrastructure was not to be taken into account and only the expenditure on maintenance of hospital and college was to be taken into account. On collecting the figures from the statements of income and expenditure, the committee worked out the average expenditure per student in Dr. V.M. Medical College, Sola pur to be Rs. 1,28,353.92 and the average expenditure per student at Government Medical College. Nagpur worked out to Rs. 1,00.854/ -, The committee decided to take the average expenditure incurred at the two medical colleges per student which worked out to Rs. 1,14,604/- per student per year. Committee then took the view that the fees should be so fixed that the private medical colleges were able to recover their expenditure. Taking the intake capacity of 100 students per year, the committee fixed fue fees for the 35 payment seats. 15 N.R.!. seats and 50 free seats. It is on the basis of these criteria that for the three years commencing with Academic Year 199798 for a payment seat, the fee has been fixed at Rs. 1,05,000/- per year whereas for the N.R.I. seat it is Rs. 5,25,000 per year. For the free seat in the private medical colleges, fee has been fixed at Rs. 12,000/- per year. It is on the basis of this report that the impugned Government Resolution has been issued on 17th July, 1997 which makes it clear that the fees fixed would remain valid for 3 years commencing with the Academic year 1997-98. Those who have paid the fees in the year namely, such of them who were admitted in the Academic years 1995-96 and 1996-1997 will not be called upon to pay any additional fees for those two Academic years but from 1997-98 onwards they will be called upon to pay the fees at the rate of Rs. 1,05,000/- for a payment seat and Rs. 12,000/- for a free seat. It may be stated that under the impugned Government Resolution, there is no distinction in the fees payable depending upon the category in which a college falls. However, the college is required to pay a portion of the fees collected either to the Government or to the authority running the hospital in case their facilities are utilised by such a medical college.

       In view of Court, the committee has taken into account the directions issued by the Apex Court and has considered all the relevant material. It is not as if the committee considered any irrelevant, extraneous or inadmissible material for determining the fee structure. The directions given by the Apex Court made it clear that the fees structure had to be fixed having regard to the problems faced by the private professional colleges. It is not only the interest of the student community but the interests of the private professional colleges as also of the public and the nation that have to be considered while facing the fee structure. One cannot sacrifice the quality or the standard of professional education for the sake of lowering the fees. A medical college and hospital requires sophisticated equipments, rained staff, qualified specialists and super specialists to produce better professionals. They must have necessary funds to meet these demands. It is not even in the interests of the students to take education in a college which lacks infrastructural facilities, has no proper equipment, has to trained staff and perhaps, therefore, charges less fees. Court is dealing with professionals like doctors in the present case. It is elementary that in order to safeguard even the interests of the students as also of the private professional colleges, such colleges must ensure that thy have complete infrastructure as laid down by the Government. University Grants Commission, Indian Medical Councilor All India Council for Technical Education depending upon the facility of specialised education. These factors must be taken into account while evolving a national fee structure. Court is of the view that the committee set up by the State Government has considered these factors. The report of the committee gives the relevant details. They are supported by the tables showing the expenditure incurred by the colleges which were taken as representative institutions, viz. (i) Dr. V.M. Medical College at Sola pur and its hospital and (ii) Government Medical College at Nagpur and its hospital including the health unit. In view of Court, there is no substances on the part of the committee in arriving of its conclusions. As far as the State Government is concerned, the manner in which the decision has been arrived at is entirely fair and reasonable. Having appointed the committee pursuant to the directions of the Apex Court, the State Government has accepted the recommendations of the committee in toto and there is no deviation from the recommendations of the committee. There are the extraneous factors even alleged in the petition which would vitiate either the manner or the decision arrived at by the State Government in its resolution dated 17th July, 1997. There is no breach of any provision of any enactment of rule made thereunder. No illegality has been pointed out to Court in passing the impugned Government resolution.

       In view of the above, Court finds no merit in the petition challenge to the resolution dated 17th July, 1997. There is no arbitrariness in impugned resolution. The provisions of Article 14 have not been violated in any manner whatsoever. There is no breach of any provision of the Act or Rule made thereunder so as to render the said resolution illegal. The petition is thus devoid of any merit. The same is accordingly dismissed. Rule is discharged. Ad interim order to stand vacated forthwith. In the circumstances however, there will be no order as to costs.