The court upheld the fee structure for M.B.B.S students at Rs.4,00,000 per annum, stating the classification regarding fee collection was reasonable and aligned with past government orders.

COMMON ORDER :

G. Jayachandran, J.

The petitioners herein are students who joined the M.B.B.S course at Rajah Muthiah Medical College & Hospital, Chidambaram, affiliated with Annamalai University, during the academic years 2018–2019, 2019–2020, and 2020–2021. Being Aggrieved by G.O.(Ms).No.204 dated 26.10.2021, issued by the Higher Education (H1) Department of Tamil Nadu, which fixed the fees for these students at Rs.4,00,000/- (per annum), they are before this Court seeking a writ of Certiorarified mandamus to quash the said order and for direction to the respondents to collect only Rs.13,610/- per annum and not to withhold their certificates insisting payment of higher fees.

2. Before we advert to the merits of the case, it is pertinent to trace the background and reasons for issuing the impugned Government Order.

3. Annamalai University is a Private University established in the year 1929 by a Statute called “Annamalai University Act, 1928”. Under its aegis, Rajah Muthiah Medical College & Hospital, Chidambaram was established in the year 1985 for offering M.B.B.S, B.D.S and other paramedical courses. It was functioning as a private Medical College, collecting capitation fees from the students. Subsequently, the said University was took over by the Government by enacting Annamalai University Act, 2013 (Tamil Nadu Act 20/2013) which came into effect from 25.09.2013. Thereafter, the said private university attained the status of State University.

4. When dispute arose regarding fixation of fees for the students joined in the said College after the take-over by the Government, the Hon’ble Supreme Court, in Civil Appeal No.6654 of 2018 dated 13.07.2018, passed the order as below:-

“We hold that the University was not entitled and competent to devise its own fee structure in the present matter without having the fee fixed by the Committee on Fixation of Fee as contemplated under 1992 Act. The matters shall therefore have to be referred to said Committee and the University is directed to place the entire material including its balance-sheet and accounts before the Committee on Fixation of Fee within two weeks from the date of this Judgment. The Committee shall thereafter bestow attention and fix appropriate fee structure for the academic year 2013-14 onwards. It goes without saying that if the fee structure fixed by the University is found by the Committee to be inappropriate, consequential benefit and advantage shall be given to each and every student. The Committee shall fix the appropriate fee structure for the current academic Session 2018-19 as well. The entire exercise shall be completed by 31.08.2018.”

5. In view of the above direction by the Hon’ble Supreme Court, the committee headed by a retired Judge of the Madras High Court constituted for the fixation of fees. The said Committee on getting clarification from the Government about the status of the Rajah Muthiah Medical College, which continued to be a self-finance mode college even after the enactment of the Tamil Nadu Act 20/2013) and on considering the income and expenditure statements of the said University, after hearing the representatives of the students, fixed Fees for M.B.B.S, course for the respective academic years as below:-

The Fee fixed for M.B.B.S Course from the year 2013-2014 to 2018-2019, 

Note:

For the academic year 2015-2016, 2016-2017 and 2017-2018 though the expenditure arrived at is over and above the fee prescribed in the prospectus. The Committee fixed the fee at Rs.5,44,370/-.(Five Lakh Forty Four