PATNA HIGH COURT
HARISH KUMAR, J
Madhubani Medical College – Appellant
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No.1031 of 2026
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
2 12-02-2026 Heard Mr. Amit Shrivastava, learned Senior Advocate for the petitioners and the learned Advocate for the State.
2. The petitioners-college, represented through its Managing Director, is aggrieved with the fee fixation order dated 23.12.2025, issued in respect of the college in question, whereby the Educational Fee Fixation Committee has fixed the fee @ Rs.13 lakh per student for Resident Indian and USD 30,000/- per student for NRI for the batch 2025-30, excluding hostel and mess charge. By virtue of the said order, the earlier order dated 25.07.2025, which pertained only to UG courses, stands modified to the extent stated above.
3. The learned Senior Advocate appearing for the petitioners, while referring to the decision of the Educational Fee Fixation Committee dated 25.07.2025, submitted that the Committee had initially taken into consideration the prevailing fee structure for undergraduate degree courses and the inflation rate of 3.16%, and accordingly fixed the annual fee for Resident Indian students at Rs. 14 lakh, but surprisingly just after five months, again the Educational Fee Fixation Committee vide its decision dated 23.12.2025 has reduced the fee of the Resident Indian to Rs.13 lakh. It is vehemently contended that in view of the judgment rendered by the Apex Court in P.A. Inaamdar & Ors. v. the State of Maharashtra & Ors. [(2005) 6 SCC 537] the very purpose behind the constitution of the Fee Fixation Committee and the powers conferred upon it is to examine, whether the fee proposed by an institution is justified and to ensure that no capitation fee is charged. The fee fixed by the Committee shall be binding for a period of three years, at the end of which period the institute would be at liberty to apply for revision. In the case at hand, instead of considering the claim of the petitioners-college to enhance the fee on account of enhancement of the seats from 150 to 250, the Committee has reduced the fee for Resident Indian students from Rs. 14 lakh to Rs. 13 lakh.
4. Let a counter affidavit be filed on behalf of the concerned respondent(s), preferably within a period of four weeks from today.
5. Put up this case on 19.03.2026, within the top ten cases.
(Harish Kumar, J)
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