1993 (10) TMI 308 - SC - Indian Laws

Orders with respect to the fee structure in private professional colleges and for other appropriate orders.

Summary

Issues Involved:
1. Fee structure in private professional colleges.
2. Admission of students to private professional colleges.
3. Implementation of the judgment in Unnikrishnan, J.P. v. State of A.P.
4. Differential treatment between minority and non-minority institutions.
5. Admission of foreign students.

Issue-wise Detailed Analysis:

1. Fee Structure in Private Professional Colleges:
The judgment addresses the fee structure for private professional colleges, particularly medical, dental, engineering, and nursing colleges. The Court reviewed the fee structures proposed by various state governments and central bodies like the Medical Council of India (MCI) and the All India Council for Technical Education (AICTE). The MCI recommended a fee structure ranging from Rs 40,000 to Rs 1,00,000 per year for Indian students, depending on the facilities provided by the institutions. For non-resident Indians, a fee of $50,000 for the entire course was suggested. The Court tentatively fixed fees for the academic year 1993-94, with medical colleges categorized into three classes based on their facilities, and fees set at Rs 1,40,000, Rs 1,20,000, and Rs 1,00,000 per annum respectively. Dental colleges were to charge Rs 1,00,000 or Rs 90,000 per annum based on their facilities. Engineering and nursing colleges' fees were to follow state government determinations.

2. Admission of Students to Private Professional Colleges:
The Court emphasized that private professional colleges cannot demand to admit 50% of students of their choice and must comply with the judgment in Unnikrishnan. The Karnataka Government published lists of free seats but faced issues with payment seats due to incomplete particulars. The Court mandated immediate admission of students to all free and payment seats by October 31, 1993, with the State Governments ensuring compliance.

3. Implementation of the Judgment in Unnikrishnan, J.P. v. State of A.P.:
The judgment in Unnikrishnan required private professional colleges to follow a specific admission process and fee structure. The Court reiterated that any refusal by colleges to comply would result in coercive measures. The Central Government and State Governments were directed to ensure full implementation of the Unnikrishnan judgment, with the Central Government providing unconditional support.

4. Differential Treatment Between Minority and Non-Minority Institutions:
Counsel for non-minority institutions raised concerns about differential treatment compared to minority institutions, particularly regarding the fee structure. The Court acknowledged the grievances but focused on ensuring a uniform fee structure across states and institutions. The Court deleted the requirement of a bank guarantee or cash deposit for both minority and non-minority colleges.

5. Admission of Foreign Students:
The Court addressed the issue of admitting foreign students, noting that the Government of India had allowed private medical colleges to admit up to 50% foreign students, particularly from Malaysia. However, the Court ruled that this arrangement was not enforceable for the academic year 1993-94 due to the need to prioritize domestic students. For the transitional year, private colleges were permitted to admit NRIs and foreign students up to 15% of their intake capacity.

Separate Judgments:
The judgment did not mention separate judgments delivered by different judges, indicating a unified decision by the Court.