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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.S. SIVAGNANAM, SATHI KUMAR SUKUMARA KURUP, JJ.
Manakula Vinayagar Medical College & Hospital, Rep., by its Chairman & Managing Trustee, Puducherry - Appellant
Versus
Secretary to Government (Health), Department of Health, Puducherry & Others- Respondent
W.P. Nos. 18984, 19135, 19136, 19137 of 2017 & 24161 of 2018 & 19466 of 2020
Decided on : 20-09-2021
Constitution of India,1950 - Article 226 - Medical, Dental and Nursing Colleges - Separate Annual Fees - Filed by Pondicherry Medical College Students and Parents Association (for brevity “the Association”) for issuance of Writ of Certiorarified Mandamus to quash order passed by Government of Pondicherry in G.O.Ms.No.24 dated, prescribing separate annual fee for MBBS students admitted under Management Quota in Medical College and Hospital, Sri Venkateswara Medical College Hospital and Pondicherry Institute of Medical Sciences and for a consequential direction to direct those three institutions, who were impleaded as 6th, 7th and 8th respondents in writ petition to collect annual fee from MBBS students admitted under Management Quota as per fee fixed in order dated passed by Government of Pondicherry and to refund excess annual fee already collected from students - Whether fees proposed by the Institution are justified and are not profiteering or charging capitation fee – Held, Court have held that Committee in its order dated had no occasion to fix fee for Management Quota seats as fixation was only restricted to Government Quota seats - Consequently, contention of Association/students that Government Order dated hould be made applicable to them is not tenable - In present writ petitions, argument before Court is that there is no mention in fee fixation proceedings dated that it is only for Government Quota seats and therefore, it should be taken it applies for all seats irrespective of quota - This argument was rejected by noting factual position that for first time fees structure for Management Quota seats were fixed [tentatively] by order dated and in such circumstances, Court cannot infer that fee fixed by proceedings dated is for Government Quota as well as Management Quota seats - Such inference is impermissible as it is factually otherwise - Writ petitions fail and they are dismissed.
JUDGMENT :
T.S. Sivagnanam, J.
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records relating to the order of the 4th respondent dated 19.05.2017 in proceedings No.C.983/H5/Health/2015-16 and quash the same and consequently direct the 1st respondent to fix the fee to the students admitted through CENTAC-Centralized Admission Committee under Government Quota in the petitioner's college for the academic year 2017-18 to First Year MBBS, equivalent to the tentative fees fixed by the order of the 4th respondent dated 19.07.2017 in proceedings No.C.983/H5/Health/2017-2018/238.
Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records on the files of the respondents in its proceedings No.C.983/H5/Health/2015-16 dated 19.05.2017 and quash the same as arbitrary insofar as it fixes fee without considering the factors prescribed by the Hon'ble Supreme Court in Islamic Institution, P.A.Inamdar and Modern Dental College.
Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records on the files of the respondents in its proceedings No.C.983/H5/Health/2017-18-238 dated 19.05.2017 and quash the same as arbitrary insofar as it fixes temporary fee stating that the order in No.C.983/H5/Health/2015-16 dated 19.05.2017 did not make any difference between Management Quota and Government Quota students, thus restricting it to Management Quota student alone.
Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records on the files of the respondents in its proceedings No.C.983/H5/Health/2015-16 dated 19.05.2017 and quash the same as arbitrary insofar as it fixes fee without considering the factors prescribed by the Hon'ble Supreme Court in Islamic Institution, P.A.Inamdar and Modern Dental College.
Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the Fee Order dated 03.07.2018 issued by the Government of Puducherry in G.O.Ms.No.24 prescribing separate Annual Fees for MBBS Students admitted under Management Quota in the 6th, 7th and 8th Respondent Medical Colleges and quash the same and consequently to direct the 6th, 7th and 8th Respondents to collect the Annual Fees from the MBBS Students admitted under Management Quota also as per the common Fee Order dated 19.05.2017 issued by the Puducherry Government and to refund the excess Annual Fee amounts already collected from them.
Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records of the Fee Order issued by the Government of Puducherry in G.O.Ms.No.24 dated 03.07.2018 prescribing separate Annual Fees for MBBS Students admitted under Management Quota during the academic year 2017-18 to the Private Affiliated Medical Colleges situated in the Union Territory of Puducherry and to quash the same in respect of the petitioners only and consequently to direct the 4th and 5th respondents to collect from the petitioners Annual Fees for the entire 5-year MBBS Course only as per the common Fee Order dated 19.05.2017 issued by the Pondicherry government and to refund the excess Annual fee amounts already collected from them.)
1. All these writ petitions pertain to the fee structure for the MBBS and BDS Courses offered by the unaided Medical and Dental Colleges in the Union Territory of Puducherry.
2. The writ petitions can be broadly grouped into two categories, those filed by the Medical Colleges/Institutions and those filed on behalf of and by the students.
3. The prayer sought for in the various writ petitions are as hereunder:-
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