Deemed universities cannot charge capitation fees or any fees beyond those set by the Fee Fixation Committee. Education must prioritize integrity over profit.

COMMON ORDER

All the Writ Petitions have been filed to direct the respondents to implement the fee structure prescribed by the Fee Fixation Committee and to direct the respondents/College not to charge additional tuition fee in the form of Break Fee/miscellaneous fee and to release the original educational certificate to all the petitioners to pursue their further career.

2. The issues involved in all these Writ Petitions are similar in nature and therefore this Court is inclined to pass a common order.

3. All the petitioners had joined in the Chettinad Academy of Research and Education (Deemed to be University) (hereinafter referred to as “the CARE University”) in the academic year 2014-15, 2017-18 & 2018-19 in the MBBS course under the management quota. They passed all the examinations conducted by the CARE University in nine semesters. Though they had arrears in some papers, they subsequently cleared all the papers in the following academic years. However, all the petitioners have to complete their internship to get their MBBS degree certificate. Though the petitioners had written supplementary examinations and passed all the examinations, they did not undergo any extra classes. Till the beginning of their internship, the CARE University did not speak about the break fee. All of a sudden, they had asked the petitioners to pay a sum of Rs.2,00,000/- per subject per arrear exam, in addition to Rs.35,000/- as exam fee. Further the petitioners were served with a calculation memo and a demand notice to the tune of Rs.2,00,000/- per arrear paper. They had also received E-mail from the CARE University to remit the break fee within a stipulated time. Though the petitioners approached the CARE University and sought for explanation for the demand, the petitioners were not explained in respect of the demand. Once again, the petitioners were informed by a reminder to pay the break fee. Since the petitioners did not pay the break fee, the CARE University blocked the petitioners' access from entering into the college and face identity access was also denied. Face identity entry is mandatory for claiming stipend. Further the CARE University also informed the concerned departments not to permit the petitioners to attend internships without payment of break fee. The petitioners were not provided with P1 provisional certificates because of the non payment of break fee. Hence, the present Writ Petitions.

4. Mr.T.Gowthaman, learned Senior Counsel appearing for the petitioners submitted that the demand of break fee is arbitrary and without jurisdiction. They cannot collect excess fee apart from the fee fixed by the Fee Fixation Committee. The University Grants Commission (hereinafter referred to as “the UGC”) and the National Medical Council regulate the fee structure for all the deemed to be universities including the CARE University. As per the University Grants Commission (Institution deemed to be universities) Regulations, 2023 (hereinafter referred to as UGC Regulations, the deemed to be universities have to frame fee structure as per the fee fixed by the Government or by the Commission on this behalf from time to time. As per Section 3 of the University Grants Commission (Institution deemed to be universities) Act, 1956 (hereinafter referred to as “UGC Act”), the CARE University is amenable to all the stipulations of UGC Act including its fee structure.

4.1. By virtue of Government order in G.O.Ms.No.226, Hi