M.Grahambell v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.13763 and 13764 of 2020 M.Grahambell ... Petitioner Vs.

1. The Chairman, Committee on Fixation of Fees in respect of Self Financing Professional Colleges, F-1, DOTE Staff Quarters, Gandhi Mandapam Road, Chennai-600 025.

2. The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai-600 009.

3. The Director, O/o Director of Medical Education, Poonamallee High Road, Chennai.

4. The Secretary, Selection Committee, Directorate of Medical Education, 162, Periyar E.V.R.High Road, Kilpauk, Chennai-600 010.

5. The Secretary, The Tamil Nadu Self Financing Medical Colleges Association, No.17, (Old No.8), Mannar(Reddy) Street, T.Nagar, Chennai-600 017.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records in PROC.NO.CFF/MBBS Course/Fees/018/2020, dated 12.10.2020 of the first respondent and quash the same and consequentially direct the first respondent to fix the fee structure to minimum amount than earlier fixed, taking into consideration the pandemic financial crisis prevailing in Tamil Nadu and in India. 1/4

For Petitioner : Mr.R.Amardeep For Respondents : Mr.Vijay Narayan Advocate General assisted by Mr.Sricharan Rengarajan Additional Advocate General and Mr.M.Muthugeethaiyan Special Government Pleader for R.2, R.3 and R.4 : Mr.Abishek Jeenasenan for R.5

ORDER

(Order of the Court was made by N.KIRUBAKARAN,J) This Writ Petition has been filed challenging the fees fixed by the Committee on Fixation of Fee in respect of Self Financing Professional Colleges, vide proceedings dated 13.10.2020. The petitioner has filed this Writ Petition as a Public Interest Litigation by stating that by fixing the higher amount as fee for private Self-Financing Professional Colleges, poor people will be deprived of medical education.

2. Heard the learned Counsel appearing for the petitioner, the learned Advocate General appearing for the respondents 2 to 4 and the learned Counsel appearing for the fifth respondent.

3. A perusal of the proceedings of the Committee on Fixation of Fee in respect of Self Financing Professional Colleges would reveal that taking into consideration the facilities offered to the students in the private Medical Colleges, which are not aided by the Government, the following amounts have been fixed for various types of seats:

" 1. The Committee fixed the following fees all including Tuition fee, Admission fee, Special fee, Laboratory/Computer/Internet fee, Library fee, Sports fee, Maintenance and Amenities fee, extracurricular fee, and other recurring expenditure, for other colleges. a. Government Quota - Rs.4,00,000/- b. Management Quota - Rs.12,50,000/- c. NRI Quota - Rs.23,50,000/- d. NRI Lapsed - Rs.20,50,000/-"

4. As evident from the proceedings of the Committee, taking into consideration the various facilities and amenities provided to the students for studying and the amount/investment made by the promoters of the medical Colleges, the fees have been fixed for 2/4

various types of seats viz., Government Quota, Management Quota, NRI Quota and NRI Lapsed.

5. The Committee has been formed pursuant to the direction issued by the Honourable Supreme Court of India. The fixing of the fees is also based on the facilities which are in consonance with the norms prescribed by the Medical Council of India. The Committee is headed by a retired Judge of this Court and the Members of the Committee are all the persons of eminence, including the Principal Secretary to Government, Health and Family Welfare Department. When they have taken into consideration all the inputs and fixed the fees, this Court cannot interfere with the same. It is akin to an expert body and in the act of fixing the fees, this Court cannot interfere with the same and therefore, the challenge made by the petitioner is failed.

6. However, the learned Counsel appearing for the petitioner would point out that from paragraph No.8 of the proceedings of the Committee on Fixation of Fee in respect of Self Financing Professions Colleges, the Government should provide financial assistance to the poor meritorious students.

7. Paragraph No.8 of the proceedings of the Committee on Fixation of Fee in respect of Self Financing Professions Colleges is extracted hereunder:

"8. It is also recommended that the Government of Tamil Nadu should frame a scheme to provide financial assistance to the poor meritorious students to the extent of 15% of the students admitted in the institution belonging to SC, ST, and MBC Community."

8. While denying the relief sought for by the petitioner, this Court only directs the respondents to take a decision with regard to the recommendations made in paragraph No.8 of the proceedings of the Committee on Fixation of Fee in respect of Self Financing Professional Colleges, dated 13.10.2020 at the earliest.

9. With the above observations, the Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) SSL 3/4

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai-600 009.

2. The Director, O/o Director of Medical Education, Poonamallee High Road, Chennai.

3. The Secretary, Selection Committee, Directorate of Medical Education, 162, Periyar E.V.R.High Road, Kilpauk, Chennai-600 010.

+1 CC to Mr.ABISHEAK JENASHAN, Advocate SR-24111. +1 CC to Mr.I.SUTHAKARAN, Advocate SR-24168.

04.12.2020 VR(CO) CS(21.12.2020) 4P 6C 4/4