Fee structures for educational institutions must adhere to established statutory guidelines, and reservations do not extend to fee reductions.

ORDER :

NUPUR BHATI, J.

1. This writ petition, filed under Article 226 of the Constitution of India, seeks the following reliefs:-

“a. the record of the case may kindly be called for:

b. the action of the respondents in charging the annual tuition fee vide the fee information seats Annex.12, in excess tothe income limit prescribed for the EWS category reservation, as provided vide office memorandum dated 17.01.2019 (Annex.2&3), as well as the letter dated 22.02.2019 (Annex.5), may kindly be declared arbitrary, Illegal and bad in the eyes of law and quash accordingly:

c. the petitioner may kindly be declared eligible for admission in MBBS course in private medical colleges in the State of Rajasthan pursuant to revised notification dated 10.10.2025 Annex.15 under the EWS category OS per the income limit prescribed vide office memorandum dated 17.01.2019 (Annex.2&3), as well as the letter dated 22.02.2019 (Annex.5) and accordingly, the respondents may kindly be directed not to charge the annual tuition fee in the allotment letter so issued, in excess to the income limit. prescribed for the EWS category vide documents Annex.2 to Annex.6;

d. the respondent counselling board may kindly be directed not to forfeit the security amount (Rs.5.00 Lakh in total)deposited by the petitioner, pursuant to notification dated 26.07.2025 Annex. 10. and the revised notification dated 10.10.2025 Annex.15, if he is unable to take admission in MBBS course in a private medical college due to huge annual tuition fee exceeding the income limit prescribed for EWS category reservation;

e. the respondents may kindly be directed to allow the petitioner to participate in the 3rd State counseling process and consider his candidature under EWS category as per the the income limit of EWS category and grant him admission. under State Seat quota under the EWS category. as provided vide the Constitution (103rd Amendment) Act, 2019 pursuant to the NEET- UG course/ MBBS Course-2025:

f. the respondent Fees Regulatory Committee may kindly be directed to frame the policy for determining the reasonable and affordable annual tuition fee for the economically weaker sections/EWS candidates like petitioner, while considering the income limit prescribed vide documents Anne.2 to Annex.6 i.e. Rs.8.00 Lakh and consequently apply the same in the present admission process for admission in NEET-UG course- 2025;”

2. Briefly stated facts, are that the petitioner is a bonafide resident of Rajasthan and a citizen of India. After the introduction of reservation for Economically Weaker Sections (EWS) through the Constitution (103^rd Amendment) Act, 2019, the Union Government issued Office Memorandam dated 17.01.2019 providing 10% reservation to EWS candidates for appointments and admissions. The State of Rajasthan adopted the said policy by issuing notifications dated 19.02.2019 and 22.02.2019, followed by a circular dated 12.03.2019 prescribing the procedure for issuance of income and asset certificates. The petitioner, belonging to the Rajpurohit caste under the unreserved/general category, claims to satisfy all eligibility requirements for EWS reservation, including having a family income below Rs.8,00,000. Accordingly, the Sub-Divisional Officer, Pali, issued an income and asset certificate dated 14.05.2025 recognising him as an EWS candidate.

2.1 The petitioner appeared in NEET (UG)–2025 conducted by the National Testing Agency (NTA) under the EWS category. He was allotted Roll No. 3921101322 and took the examination on 04.05.2025. The result declared on 14.06.2025 shows that he s