Point of Law: 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 Authorities in fixing the fee as "general principles".

JUDGMENT :

The National Medical Commission is enlivened by an Act of Parliament, namely, the National Medical Commission Act, 2019. The pivotal aim of the Commission, interalia, is to improve access to quality and affordable medical education in India; to which end, it has been statutorily vested with the competence to guide the modus and manner of fixing of fees and other charges in Private Medical Institutions and Deemed–to– be-Universities.

2. Among the three writ petitions above, two have been filed by Associations/Federations of Managements of Self Financing Private Medical Colleges in Kerala, impugning an Office Memorandum (hereinafter referred to as the "OM", for short) issued by the National Medical Commission (hereinafter referred to as the “NMC”, for ease) stipulating guidelines for the determination of fees in such institutions; while, W.P. (C)No.5503/2022 has been filed by a student of Medicine, seeking that the said "OM" -produced as Ext.P7 therein be directed to be implemented in Kerala and it be ordered to be published.

3. I have heard Sri.Kurian George Kannanthanam – learned Senior Counsel, instructed by Sri.P.M.Saneer – learned counsel for the petitioners in W.P. (C)Nos.5851/2022 and 24112/2022,; Sri.Ashik K.Mohamed Ali – learned counsel for the petitioner in W.P. (C)No.5503/2022; Sri.Titus Mani Vettom – learned Standing Counsel for the NMC; Sri.N.Raghuraj – learned Standing Counsel appearing for the Travancore-Cochin Medical Council; Sri.S.Manu – Assistant Solicitor General for the Union of India; Smt.Mary Benjamin – learned Standing Counsel for Admission and Fee Regulatory Committee (AFRC) in Kerala; Sri.K.B.Gangesh – learned counsel appearing for the Kerala State Legal Services Authority and Sri.P.G.Pramod, learned Government Pleader for the State of Kerala and its functionaries.

4. Before I proceed with the evaluation and assessment of the syllogistic contentions of the rival parties, it will do well to be aware that the fixation of fees in Private Medical Colleges in Kerala is governed by the Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act, 2017 (to be referred to as the 'Kerala Medical Education Act' henceforth). Under the mandate of this Act, an Admission and Fee Regulatory Committee (AFRC) has been constituted, statutorily vested with the power of fixing fees for medical education in the Private Sector, within the purlieus of various well established imperatives, including averting of profiteering and usurious charging.

5. The AFRC has been, admittedly, functioning under the sanction of the 'Kerala Medical Education Act', ever since it came into force; and it thus fixes fees in Kerala for all Private Medical Colleges, after assessment of their individual educational facilities and such other requirements as are stipulated therein; and the amount so fixed is common for every institution – though perhaps different from each other – it being edificed on the differences in infrastructural and other facilities offered.

6. At this juncture, it must also be borne in mind that, in Kerala, after the year 2017 – when the 'Kerala Medical Education Act' came into force – there is no longer 'Government Quota' and 'Management Quota', as far as students in the private Medical Colleges are concerned; and that all the students to such institutions are allotted by the Commissioner for Entrance Examinations of the Government of Kerala, through a common Entrance Examination and Counselling process.

7. I have indited the afore preface because, the proceedings of the NMC impugned and sought to be implemented – as the case may be, is its "OM" dated 03.02.2022, which mandates that certain enumerated guiding principles be followed for determining the fee and other charges in Private Medical Colleges and Deemed Universities by the competent Authorities.

8. When one examines the aforementioned 'OM', though it essentially catalogues the Guidelines/Parameters to be followed by