SC to hear plea against NMC’s decision to cut 50% fee for private medical colleges

The Supreme Court on October 21 issued a notice in the transfer petition filed by the National Medical Commission (NMC) in connection with several petitions challenging the validity of its decision to keep fees of 50 per cent seats in private medical colleges and deemed universities. Equivalent to the fees in government medical colleges. As Live Law reports, the NMC is now seeking to transfer all the similar challenges pending in various courts across the country to the SC or any High Court.

NMC has said that the benefit of fee structure will be made available to those who Candidates who have availed Government quota seats, The transfer petition, main petition and related matters will be heard by a bench of Justice DY Chandrachud and Justice Hima Kohli on November 4. Justice Chandrachud suggested advocate Gaurav Sharma to appear on behalf of the NMC to file the transfer petition so that the Supreme Court can transfer all the relevant matters to itself or send it to the Delhi HC or any other court for disposal. Accordingly, NMC filed the transfer petition.

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Senior advocate Maninder Singh, appearing for the petitioner, highlighted that The matter has been stayed by three High Courts, namely, Kerala. Madhya Pradesh and Madras High Courts. He had said that the Madras HC has found the disputed notification to be “bad in law” and sent it back to the regulator. Since the High Courts have put a stay on the operation of the notification in their respective states, the petitioners have now approached the apex court seeking its impact on the entire country.

The main petition, filed by the AHSI Association of Health Sciences Institutes, claimed that the Supreme Court in several judgments held that after considering various guidelines regarding facilities available in the college, infrastructure, age of investment, expansion plans The mode of payment of fees will be decided. , among others.

The petition claimed that the sole authority with the powers to fix fees of medical colleges is the fee fixation committee in each state headed by a retired HC judge. It also challenged the decision of the NMC and demanded that private unaided medical colleges charge the students a fixed annual fee to ensure that there is no profiteering.

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