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2019 Supreme(Mad) 2024
IN THE HIGH COURT OF MADRAS
R. Subbiah, C. Saravanan, JJ.
N. Naga Harihara Sudan - Appellant
Vs.
Secretary To Govt (Health) Goubert Avenue - Respondent
Writ Petition No. 23732 of 2017, 9472 of 2018, 10550 of 2018, 13039 of 2018, 16924 of 2018, 9472 of 2018, 16924 of 2018; Writ Miscellaneous Petition No. 11144 of 2018, 11145 of 2018
Decided On : 18-07-2019
V.B.R. Menon, Adv., L.T. Ramesh, Adv., A.L. Somayaji, Adv., A.V. Bharathi, Adv., A.R.L. Sundaresan, Adv.
Headnote:
Tamil Nadu Educational Institutions Act, 1992 - Section 4 – Constitution of India - Article 19 – Condo nation of delay - demand of the respective college to collect fees - Management quota and the NRI – Jurisdiction - For the academic year 2016-17, about 55 seats in the respective respondent colleges were surrendered to the Government of Puducherry for being filled under the State quota. Rest of the seats were filled by the respective colleges. The petitioners are MBBS students who joined these two colleges after qualifying in the common entrance exam. They were admitted from rest of the seats on merits apart from the 55 seats surrendered to the State of Pondicherry - Respondent College viz., Pondicherry Institute of Medical Sciences in W.P.No.23732 of 2017 had charged a tuition fee of Rs. 7.5 lakhs per annum during the academic year 2015-2016 for the MBBS course while Respondent Nos.3 & 4 Sri Venkateswaraa Medical College Hospital And Research Centre in W.P.No.23732 of 2017 charged a tuition fee of Rs.12 lakhs per annum during the academic year 2015-2016. The Government of Pondicherry had not appointed a Fee Committee for the aforesaid period – Held, Hence, the demand of the respective college to collect fees over and above the fees fixed on 23.3.2017 as notified by G.O/Letter No.C.983/H5/Health/2015-16 dated 19.5.2017 by the Government of Puducherry from the Petitioners are unsustainable. This is so particularly in the light of the 2nd mentioned G.O/Letter No.C.983/H5/2017- 18 dated 19.7.2017 of Government of Puducherry wherein it has been specifically stated that the Tentative Fee Fixed by the Committee for the academic year 2017-18 will not apply to students already admitted before the academic year 2017-18. It has been clearly stated that the students already admitted during the academic year 2016-17 will be governed only by the fees fixed by the Fee Committee on 23.3.2007 only - Further, the subsequent Fee Committee has also not revised the fees fixed on 23.3.2017 for the students admitted during the academic year 2016-17. That being so, we are of the view that the fees collected in excess of the fees fixed on 23.3.2017 by the fee committee as notified by Letter/GO Ms. No No.C.983/H5/2015-16 dated 19.5.2017 is liable to be adjusted against the fees for the subsequent academic years and excess if any should be refunded back to the petitioners - Excess fee paid by the students admitted against the Management quota so far should be adjusted against the fees payable by them for the succeeding academic years and if any there is any surplus after adjustment should be refunded back to them by the respective colleges without further delay - In view of the above, we are of the view that the fee fixed by the fee committee headed by Mr.Justice S.Rajeswaran (Retd.), High Court, Madras for the academic year of 2015-16, 2016-17 and 2017-18 shall be applicable to the students admitted during the academic years 2016-2017 and excess fees paid by the petitioners if any shall be refunded to the petitioners – Petition disposed of
JUDGMENT :
C.Saravanan, J.
By this common order we are disposing the above writ petitions. The petitioners are the students of Sri Venkateswara Medical College, Hospital & Research (SVM) and Pondicherry Institute of Medical Sciences (PIMS).
2. The petitioners were admitted to the MBBS courses offered by the Respondent Colleges during the academic year 2016-17. They are students other than those who were admitted under the State and NRI quota.
3. Out of 33 petitioners, 12 are from Pondicherry Institute of Medical Sciences and 21 from Sri Venkateswaraa Medical College Hospital and Research Centre.
4. The dispute in these writ petition arises on account of demand of fees over and above the fee fixed and recommended by the Fee Committee under Chairmanship of Mr.Justice S.Rajeswaran, (Retd.), High Court, Madras on 23.03.2017 for the academic years 2015-16, 2016-17 and 2017-18 as notified by the Government of Puducherry on 19.05.2017 vide its letter reference No. C.983/H5/Health/2015-16 and subsequent revision of the fees by the same committee fixing and recommending a tentative fee for the academic years 2016-17 as notified by the Government of Puducherry by letter dated 19.07.2017 bearing reference No. C.983/H5/Health/2017-18/238 Government of Puducherry, Chief Secretariat (Health) and fixation of final fee by the next committee under the chairmanship of Mr. Justice Authinathan (Retd), High Court Madras for the academic years academic years 2017-18 to 2019-20 under the Management quota and the NRI quota vide G.O.Ms.No.24 dated 02.07.2017.
5. For the academic year 2016-17, about 55 seats in the respective respondent colleges were surrendered to the Government of Puducherry for being filled under the State quota. Rest of the seats were filled by the respective colleges. The petitioners are MBBS students who joined these two colleges after qualifying in the common entrance exam. They were admitted from rest of the seats on merits apart from the 55 seats surrendered to the State of Pondicherry.
6. The 5th respondent College viz., Pondicherry Institute of Medical Sciences in W.P.No.23732 of 2017 had charged a tuition fee of Rs. 7.5 lakhs per annum during the academic year 2015-2016 for the MBBS course while Respondent Nos.3 & 4 Sri Venkateswaraa Medical College Hospital And Research Centre in W.P.No.23732 of 2017 charged a tuition fee of Rs.12 lakhs per annum during the academic year 2015-2016. The Government of Pondicherry had not appointed a Fee Committee for the aforesaid period.
7. The previous committee under the Chairmanship of Mr Justice Malai Subramanian, (Retd.) High Court, Madras had fixed the fees for academic years 2012-13, 2013-14 and 2014-15.
8. Though the Government of Puducherry had constituted a new Fee Fixation Committee under the Chairmanship of Mr.Justice S.Rajeswaran, (Retd.) , Judge High Court, Madras for the academic years 2015-16, 2016-17 and 2017-18 by G.O.No. 14 dated 6.3.2015, the fee was fixed and recommended by the said Fee Fixation Committee only on 23.3.2017 due to various factors. Thus, during the interregnum these colleges had collected fees on their own accord in absence of fixation of fees.
9. The fees fixed and payable for academic years 2016-17, 2017-18 and 2018-19 were notified by the Government of Puducherry by a letter dated 19.5.2017 bearing reference No. C.983/H5/Health/2015-16 Government of Puducherry, Chief Secretariat (Health). Thus, for the academic year 2015-16 no fee was fixed.
10. While, fixing and recommending fee, the Fee Committee under the Chairmanship of Mr.Justice S.Rajeswaran, (Retd.), High Court, Madras took cognizance of the request of the respective colleges to increase the current fees on the basis of the fee structure arrived at by the fees committees in the State of Tamil Nadu and the State of Kerala.
11. The Fee Fixation Committee under the Chairmanship of Mr.Justice S.Rajeswaran,
