VidhiSangh

Supreme Court of India · 07/11/2022

NARAYANA MEDICAL COLLEGE versus THE STATE OF ANDHRA PRADESH & ORS.

[2022] 8 S.C.R. 777 · 2022 INSC 1183

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Summary

On the representations of private medical colleges, the Andhra Pradesh Government issued a G.O. dated 06.09.2017 raising MBBS tuition fees for 2017-2020 to Rs 24 lakh a year, about seven times the earlier fee. It did so while the Admission and Fee Regulatory Committee's own review was still pending. The High Court quashed the enhancement and ordered refunds. The Supreme Court dismissed the college's appeal. Under the 2006 Rules and P.A. Inamdar, fees can be fixed only on the Committee's recommendation, applying the Rule 4 factors. Education is not a business, and fees must stay affordable. Colleges cannot keep money collected under an illegal G.O., and costs of Rs 5 lakh were imposed.

Issues

  1. Whether the State could enhance tuition fees for private unaided medical colleges by G.O. without the recommendation of the Admission and Fee Regulatory Committee, while the Committee's review was pending.
  2. Whether colleges must refund fees collected under the invalid G.O. in excess of the previously notified fee.

Provisions considered

Held

Result

Civil Appeal Nos. 8185-8186 of 2022 against the High Court's judgment dated 24.09.2019 in W.P. Nos. 33656 of 2018 and 8210 of 2019 dismissed with costs of Rs 5 lakh, payable equally by the appellant and the State of Andhra Pradesh to NALSA and the Mediation and Conciliation Project Committee.

Judgment PDF: Supreme Court of India, [2022] 8 S.C.R. 777.