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TMI Blog2022 (5) TMI 1466X X X X Extracts X X X X X X X X Extracts X X X X ..... papers at the time of admission. In addition, a pamphlet should be compulsorily given to the students and their parents at the time of counselling informing them about the availability of the web-portal; (c) While fixing the schedule for the admission process, the National Medical Commission and the Dental Council of India have to make sure that the counselling for all the rounds, including the stray vacancy round, is completed at least two weeks before the last date of admission; (d) The names of students who are recommended by the authority for admission in the stray round vacancy have to be made public along with rank allotted to them in the NEET exam. The admissions should be made strictly on the basis of merit and in the event of any admission to the contrary, suitable action shall be taken against the private medical colleges; (e) While fixing fee, the Fee Fixation Committees of the States should take into account all the components of fee, leaving no scope for managements to charge any additional amounts apart from what has been prescribed by the fee fixation committee from time to time. In the event that the management intends to charge additional amounts over and above the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ajesh Mahale, AOR, Mr. Amith J., Adv., Mr. G. Umapathy, Sr. Adv., Mr. Rohit K. Singh, AOR, Ms. Pavitra Bala Krishnan, Adv., Mr. Suvin Kumaran, Adv., Mr. Jose Abraham, AOR, Mr. H. Chandra Sekhar, AOR, Mr. Gaurav Sharma, AOR, Mr. Raghvendra Kumar, Adv., Mr. Anand Kumar Dubey, Adv., Mr. Nishant Verma, Adv., Mr. Rajiv Kumar Sinha, Adv., Mr. Simanta Kumar, Adv., Ms. Rajlakshmi Singh, Adv., Mr. Sunil Saraogi, Adv., Mr. Varun Singh, Adv., Mr. Narendra Kumar, AOR, Mr. Pukhrambam Ramesh Kumar, AOR, Mr. Karun Sharma, Adv., Mr. Suvidutt M.S., AOR, Mr. Rishesh Sikarwar, Adv., Ms. Anu B., Adv., Ms. Vijayalakshmi Raju, Adv, Ms. Deepanwita Priyanka, AOR, Mr. Mahfooz Ahsan Nazki, AOR, Mr. Polanki Gowtham, Adv., Mr. Shaik Mohamad Haneef, Adv., Mr. T. Vijaya Bhaskar Reddy, Adv., Mr. K.V. Girish Chowdary, Adv., Ms. Rajeswari Mukherjee, Adv., Mr. Avijit Mani Tripathi, AOR, Mr. T.K. Nayak, Adv., Mr. P.S. Negi, Adv., Mr. Upendra Mishra, Adv., Mr. S.R. Kochar, Adv., Mr. Aravindh S., AOR, Ms. C. Rubavathi, Adv., Mr. Sachin Patil, AOR., Mr. Rahul Chitnis, Adv., Mr. Aaditya A. Pande, Adv., Mr. Geo Joseph, Adv., Ms. Shewtal Shepal, Adv., Mr. Risvi Muhammed, Adv., Mr. Raghavendra S. Srivasta, AOR, Mr. Venkita ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of capitation fee. The State Governments were requested to assist the Advocate-on- Record for creation of the website and email address and get them published in the local newspapers, both vernacular and English. The learned Amicus Curiae was directed to place on record, a report based on the information gathered from public and other sources. 3. Pursuant to the order dated 06.08.2014, the learned Amicus Curiae filed an interim status report on 07.10.2014 in which it was stated that the situation in State of Karnataka has improved considerably subsequent to the directions and pronouncements of this Court. This Court was informed by the learned Amicus Curiae that a list of 20 queries was forwarded to the States of Karnataka, Andhra Pradesh, Tamil Nadu and Maharashtra for their responses on certain material aspects. In the light of comments and reports of the State Governments, it was suggested by the learned Amicus Curiae that a response of the Medical Council of India and Dental Council of India to the comments of State Governments should be obtained. In the said Status Report, the learned Amicus Curiae stated as under: - "From preliminary discussions it appears that the leg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel appearing for medical colleges and State Governments and also given his comments. 6. Before we proceed to deal with the suggestions made for effectively stopping the practice of charging capitation fee by medical colleges, it is necessary to refer to how this Court has previously dealt with the evil practice of charging capitation fee and the immediate need to stop the practice of collection of capitation fee by private medical colleges. In TMA Pai Foundation & Ors. v. State of Karnataka (2002) 8 SCC 481., this court observed that a rational model should be adopted by the management, which would not be entitled to charge a capitation fee. Appropriate machinery can be devised by the State or university to ensure that no capitation fee is charged and there is no profiteering, though a reasonable surplus for the furtherance of education is permissible. 7. While clarifying the judgment of this Court in TMA Pai Foundation Supra, this Court in Islamic Academy of Education and Anr. v. State of Karnataka and Ors. (2003) 6 SCC 697 observed that once fee is fixed by the Committee, the institute cannot charge either directly or indirectly any other amount over and above the amount fixe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments of learned counsel appearing for the States, medical colleges and National Medical Council for the issuance of appropriate directions. 10. Pursuant to orders dated 6.08.2014 and 20.04.2022, Shri Hargurvarinder S. Jaggi, Officer on Special Duty in the Supreme Court of India, has been nominated for rendering assistance to learned Amicus Curiae in the matter of setting up a web portal which would serve as a platform for the aggrieved persons to provide information relating to any demand of capitation fee made by the private medical colleges. Though, we are informed that no complaint has been received by any State Government regarding charging of capitation fee, it was suggested that a web portal under the aegis of Supreme Court would provide confidence in the public to furnish any information relating to capitation fee being charged by private medical colleges. The Ld. Amicus Curiae further suggested that all candidates taking the National Eligibility-cum-Entrance Test (NEET) for undergraduate, postgraduate and super speciality courses should be informed about the web-portal wherein complaints with respect to charging of capitation fee can be registered. In addition, a pamphlet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ical colleges to charge any additional fee which is not part of fee fixed by the Committees. We make it clear that the Fee Fixation Committees have to take into account all components of fee proposed to be charged by the Management while determining the fee to be paid by the students. For this purpose, assistance can be sought from the report of Hon'ble Mr. Justice B.N. Srikrishna dated 26.08.2021 for reviewing the existing fee structure and for fixing the norms and guidelines for charging tuition and other fees in which the Committee has prescribed the parameters and guidelines for the types of fees to be charged by the institutions recognized by the AICTE. The report also prescribes the minimum and maximum fees which includes the tuition fee, development fee, examination fee and other fees. 13. It was submitted that the managements of private medical colleges should be directed not to receive fee through cash payment and to prohibit certain private medical colleges from insisting on payment of fee for entire course in advance. The latter issue of payment of fee for the entire course in advance is the subject matter of another SLP bearing SLP (C) No. 11296 of 2021 titled JNU Inst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lleges; (e) While fixing fee, the Fee Fixation Committees of the States should take into account all the components of fee, leaving no scope for managements to charge any additional amounts apart from what has been prescribed by the fee fixation committee from time to time. In the event that the management intends to charge additional amounts over and above the price band fixed by the Fee Fixation Committee, or for any component not included in the structure fixed by the Fee Fixation Committee, the same can only be done with the concurrence of the Fee Fixation Committee; (f) The management of private medical colleges are strictly prohibited from accepting payment of fees in cash, in order to avoid charging of capitation fee. The students or any other aggrieved persons are at liberty to report on the web-portal regarding collection of fees in cash by any medical colleges; (g) The Director General of Health Services and other concerned authorities to the State Governments should ensure that the All-India Quota and State Quota rounds of counselling are completed strictly in accordance with the time schedule that is fixed. 15. The aforementioned suggestions of the Amicus Curiae ..... X X X X Extracts X X X X X X X X Extracts X X X X
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