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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V.MENON
Govind Krishnan S/o Krishnakumar K. – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
HARISANKAR V. MENON, J.
[WP(C) Nos.38556/2023, 30073/2025, 30446/2025, 30528/2025, 30536/2025, 30943/2025, 30948/2025, 32002/2025, 32069/2025, 32123/2025, 32257/2025, 32496/2025, 32519/2025, 32780/2025, 33009/2025, 33097/2025, 33100/2025, 33200/2025, 33472/2025, 33553/2025, 33619/2025, 34335/2025, 34343/2025, 34571/2025, 34587/2025, 34726/2025, 35307/2025, 35365/2025, 35512/2025, 35671/2025, 35754/2025, 35917/2025, 36128/2025, 36171/2025, 36200/2025, 36493/2025, 36503/2025, 36805/2025, 36992/2025, 37064/2025, 37325/2025, 37452/2025, 37664/2025, 37730/2025, 38491/2025, 38602/2025, 38672/2025, 39589/2025, 39635/2025, 39871/2025, 39909/2025, 40173/2025, 40399/2025, 40635/2025, 44080/2025, 44160/2025, 44501/2025, 45134/2025, 46013/2025, 46104/2025, 46772/2025, 46955/2025, 47010/2025, 47536/2025]
1. Medical education and the fees payable by students have been on the dissection table before this Court on many occasions. The present batch of writ petitions is also one such instance where the students contend that the fee prescribed require to be “dissected” and the alleged collection of Rs.5,00,000/- by the medical colleges for admissions under the Non-Resident Indian (NRI) quota
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.
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 ....
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 court reaffirmed that exclusion of necessary parties in fee fixation processes violates natural justice, and that fee structures must adhere to established guidelines.
The respondents could not impose the conditions under the impugned clauses 10, 13, 21, and 22 while approving the fee structure in the petitioners' institute, as the conditions were not lawful and we....
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