The Kerala High Court has restrained private medical colleges in the state from collecting fees for any educational institution and collecting annual fees in advance from students for the next year, when the previous year’s studies were not completed by any institution. that would amount to “profiteering”. Years other than what was being taught. The High Court, however, made it clear that its directions were only to operate in the peculiar situation arising out of the COVID-19 pandemic, when the directions being given for a particular year in medical colleges could not be completed within the stipulated time. could. Virus outbreak.
A bench of Justices AK Jaishankaran Nambiar and Mohd Nias CP observed that conceptually the fee was a remuneration for a service and if it is collected for a future period, it would be payment for services rendered so far. And in such a situation, ‘ then educational institutions will resort to profiteering.” “Without a doubt the COVID pandemic gave rise to an unusual or extraordinary situation fraught with financial implications. His financier also impressed the parents.
“We feel that it would be unfair on the part of the concerned private medical educational institutions to demand the prescribed fee, irrespective of the hardships faced by the students,” the bench said. The court’s observation and direction came on a number of petitions filed by medical students, admitted to the 2019-2020 batch of MBBS course in various private medical colleges, against a notice seeking fee in respect of the third year of their course, when they were still Pursuing his second year which could not be completed within the allotted time due to the pandemic.
It was argued by the students that the fees are demanded in respect of a year other than the year for which the instructions are given, the educational institutions concerned are effectively depositing the prescribed fee in advance and this is not acceptable. . On the other hand, the educational institutions upheld the demand by arguing that this is the third calendar year since the admission of the student and hence, they are entitled to charge the prescribed annual fee for the third year.
The High Court noted that as a result of the lockdown imposed by the State Government in the wake of the global COVID pandemic, “there was an inevitable interruption in the course of study and therefore, while the months of the calendar year passed, there were instructions in the months constituting the academic year”. Simultaneously there was no progress”. “This led to a situation where the petitioners (students) were asked to deposit the fee payable for the third year of their course, when they were effectively pursuing only the second year of their course.” were doing,” it added.
Referring to various statutory provisions and the Supreme Court’s decision in the case Islamic Academy of Education and Another Vs State of Karnataka and others, the High Court held that it was of the view that “it would be totally unequal and unjust to allow education In these writ petitions, the concerned institutions are being directed to deposit the prescribed annual fee in respect of any academic year for which the High Court said that in the Islamic Academy case, the Apex Court had held that The institute will charge fee only for one year as per rules and will not charge for the entire course.
The top court had also said that if for any reason, the fee has already been collected for a longer period, the amount so collected shall be kept in a fixed deposit in a nationalized bank against which any loan or The advance cannot be given so that the interest earned thereafter by the High Court may be ensured for the benefit of the students. “Therefore, it is clear that it is not appropriate for the educational institutions to collect any amount as fees for a period exceeding the relevant academic year. In depositing the fees for the third year, while the student is studying the second year of the course, They must be doing the same,” the bench said.
Thereafter, it directed – “Therefore, we allow these writ petitions by directing those from amongst the respondent private medical institutions where the petitioners are studying in these writ petitions, in respect of any academic Refrain from demanding or collecting fee. Except for the year for which the directions are currently being given “We make it clear that the directions issued in this judgment are only for working in the above-mentioned pecuniary situation which is due to the COVID pandemic. thrown by.”
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