TMI Blog1993 (10) TMI 308X X X X Extracts X X X X X X X X Extracts X X X X ..... In view of the non-admission of students to the private professional colleges even by now (first week of October) we called upon the counsel for the Union, the States and the private parties to tell us the way in which the present impasse can be resolved. We pointed out to the counsel that the refusal of the managements of the private professional colleges or, for the matter, their demand that they should be permitted to admit 50% of the students of their own choice cannot be and shall not be conceded. We made it clear that in case of failure of the parties to find a reasonable way out, this Court would be obliged to adopt coercive measures to enforce its judgment in Unnikrishnan, J.P. v. State of A.P. and other orders in that behalf 2. The learned Solicitor General appearing for the Union of India submitted that in pursuance of the judgment in Unnikrishnan the Central Government Medical Council of India, All India Council for Technical Education and other similar bodies have promptly initiated the exercise for determining the fee structure. He placed before us the proceedings of the meeting of the sub-committee of the Medical Council of India held on April 12, 1993 and the affi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssional colleges and that they prefer to close them. He brought to our notice the affidavit filed by the Government of Karnataka in Writ Petition (C) No. 663 of 1993 for a direction to all the private educational institutions in Karnataka to admit the students allotted to their colleges on such conditions as may be deemed proper by this Court. The learned Advocate General assured us that the State of Karnataka is constitutionally bound to implement the said judgment and will take all necessary steps in that behalf. 5. Shri P.R. Seetharaman, learned counsel for the State of Tamil Nadu stated that the Government of Tamil Nadu has since revised the fee chargeable in private medical colleges and has fixed it at Rs 1, 58, 000 per annum. He brought to our notice the fee structure for other colleges which we shall presently mention 6. The learned counsel appearing for the State of Maharashtra brought to our notice the fee structure evolved by the Government of Maharashtra 7. Shri K. Parasaran, appearing for some of the private managements submitted that no citizen of this country can refuse to implement the judgment of this Court and that the real difficulty in the way of some ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 000 for resident Indian students studying in a Dental College which utilises the facilities of a Medical College and Hospital or of a Hospital which fulfills the requirements of DCI norms Annual Fee of Rs 1, 20, 000 for resident Indian students studying in a Dental College which cannot utilise the facilities of a Medical College and Hospital, but has to run its own Hospital fulfilling the requirements stipulated by DCI norms." 11. We may now set out the fee structured evolved by Karnataka, Maharashtra and Tamil Nadu State Governments KARNATAKA Medical Colleges : Rs 65, 000 p.a. for medical colleges having their own hospital facility. Rs 75, 000 p.a. for those medical colleges which are partly utilising their own hospital facility and partly utilising. Government hospital facility. Rs 85, 000 p.a. for those medical colleges which are not having their own hospital facility. Rs 8, 000 p.a. for free seats Dental Colleges : Rs 40, 000 p.a. for those medical colleges having their own hospital facility and Rs 50, 000 p.a. for those who do not have their own hospital facility and, therefore, utilise the Government hospital facility. Rs 8, 000 p.a. for free seats Engine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e fee structure has been evolved only for engineering colleges and not for the medical college. (It is stated there is only one private medical college in the State.) The fee fixed for engineering colleges is Rs 26, 000 p.a. for payments seats and Rs 4, 000 p.a. for free seats 16. The system obtaining in Kerala appears to be altogether different which was unfortunately not brought to our notice on August 18, 1993. There are only two private engineering colleges in the State, said to be Minority Educational Institutions. The system obtaining in this State appears to be that the entire fees collected by these private engineering colleges has to be made over to the Government while the Government bears the entire expenditure for running the colleges. Under this system, the colleges were allowed to admit students of their own choice to the extent of 15% 17. It would appear from the particular stated above that the fee structure evolved in Karnataka alone is at a lower level compared to the fee structure in Tamil Nadu and Maharashtra. In the circumstances, we are inclined to fix a fee tentatively for these colleges in all the States. It is made clear that the fee fixed by us herew ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble Court at a subsequent stage." 19. Whatever may have been the circumstances and reasons for which the Government of India had permitted the private medical colleges to admit the foreign students to the above extent, it is clear that the said permission or arrangement is not enforceable and cannot be enforced with effect from the academic year 1993-94 in view of the judgment in Unnikrishnan. Admittedly, there is a crying need for these seats within the country itself and it is they who must have the priority in the matter of admission to these colleges 20. Shri Salve, learned counsel appearing for the petitioner in Writ Petition (C) No. 317 of 1993 (filed by Dr T.M.A. Pai Foundation and Others) submits that a part of Kasturba Medical College, Mangalore and their medical college at Manipal have become a part and parcel of the deemed University and that the petitioners have already withdrawn the petition to that extent. He says that only 125 seats in K.M.C. College, Mangalore are the subject-matter of the writ petition at present. (He submits that the total intake capacity of this college was 300 which was later reduced to 250 and only 125 seats out of them are the subjec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r with consent, the petitioner cannot now ask for a review of that order 22. We are of the opinion that the objection raised by the learned Advocate General is a perfectly legitimate one and has to be given effect to. There was no reason why the petitioner should have collected the fee from foreign students promising them admission for the academic year 1993-94 (beginning sometime in July/August 1993) even prior to February 1993. Indeed, according to the particulars furnished by the petitioner, he has collected the amounts from students promising them admission not only for the academic year 1993-94 but also for 1994-95. We see no justification for this act and if the petitioner suffers any prejudice on account of such action, he has to blame himself for the same. We are, therefore, not inclined to pass any special order in the case of the petitioner in Writ Petition No. 317 of 1993 23. Then remains the question whether any quota is to be allotted for foreign students for this year - it being an year of transition and adjustment - in view of the Government of India's orders referred to above permitting admission of foreign students to the extent of as much as 50%. Taking in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eges who do not have their own hospital facility but depend entirely on the Government hospital for training students 27. For Category (1), we determine the fee payable at Rs 1, 40, 000 per annum, for Category (2) at Rs 1, 20, 000 per annum and for Category (3) Rs 1, 00, 000 per annum 28. For dental colleges, the fee shall be Rs 1, 00, 000 per annum for those having their own hospital facility and Rs 90, 000 per annum for colleges availing the Government hospital facility 29. In the case of nursing colleges and colleges imparting instructions in BAMS, BHMS and BUMS, the fees respectively fixed by the appropriate State Government shall be followed and operated subject of course to adjustment on regular fixation by the Government of India/appropriate apex professional council 30. So far as engineering colleges are concerned, no fee need be fixed by us tentatively for this year. The fee fixed by the respective State Government shall be operative and shall be subject to the final fixation as stated above 31. It may appear at first glance that the fees tentatively fixed by us is quite high, but it is not really true. Firstly, this is only a tentative fixation subject ..... X X X X Extracts X X X X X X X X Extracts X X X X
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