Date:19/08/2007 URL: http://www.thehindu.com/2007/08/19/stories/2007081961180100.htm

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High Court quashes fee fixed by panel

KOCHI: A Division Bench of the Kerala High Court on Saturday quashed the April 26 order of the Fee Regulatory Committee headed by P.A. Mohammed fixing the fee of MBBS courses in the self-financing medical colleges for the 2007-08 academic year at Rs.1.30 lakh.

The Bench of Justice K.S. Radhakrishanan and Justice V.K. Mohanan quashed the order while allowing a writ petition filed by the Malankara Orthodox Syrian Church-run medical college at Kolencherry.

The court observed that there was no clear finding by the committee as to the areas where there was an element of profiteering or there had been any attempt to charge capitation fee in the medical colleges. The petitioner had contended that in the Inamdar case, the Supreme Court had held that the fee regulatory committee had only the power to regulate the profiteering and charging of capitation fees in the fees fixed by the management. The Bench also held that the committee had no power to fix fees.

The Bench said if there was any element of profiteering or charge of capitation fee in the fee structure, the committee should point out the same to the managements in clear terms so that managements could explain the same or rectify the anomaly. The court asked the committee to give the managements three days time to submit replies. On receipt of reply, the committee should dispose of the matter within two weeks.