Whether MBBS Fee Fixed By Kerala Fee Regulatory Committee For Medical Education Is Arbitrary: Supreme Court To Consider
The Supreme Court will next week consider appeals challenging impugned judgments of the Kerala High Court, where it had prima facie found that the Fee fixed by the Regulatory Committee for Medical Education in Kerala to be charged by the petitioner Medical Colleges for the MBBS course during the academic years 2017–18 2020-2021 was arbitrary and not based on scientific methodology.
It is imperative to note that the bench of the High Court through its order dated December 21, 2021, had observed, “…A statutory body entrusted with an important task of protecting students from exploitative fees cannot afford to shut itself to innovative methods of realising its statutory objective on the specious assumption that it already has the requisite expertise and cannot in any manner benefit from further suggestions”.
A bench of Justice B.R. Gavai and Justice J.B. Pardiwala heard the matter.
AOR Nishe Rajen Shonker appeared for the petitioner, and AOR Romy Chacko appeared for the respondents.
In the pertinent matter, writ petitions were filed challenging the orders passed by the Fee Regulatory Committee for Medical Education in Kerala.
A bench comprising Justice A.K.Jayasankaran Nambiar and Justice Mohammed Nias C.P. of the Kerala High Court while considering the averments made, observations of the Supreme Court and the fact that the Fee Regulatory Committee is a statutory body was of the opinion that it must remain open to ideas for better and more effective functioning.
“We are indeed appalled by the response of the Fee Regulatory Committee, which appears to have misconstrued our earlier order as an attempt to usurp their statutory power. While we are aware of the judgments of the Supreme Court, including the judgment in Modern Dental College and Research Centre v. State of Madhya Pradesh & Others, (2016) 7 SCC 353 that reiterate the ambit of the Fee Regulatory Committee's power under the Statute, we would have expected the Committee to understand that through our order dated 30.11.2021 we were only trying to empower the Committee through an augmentation of the resources available to it so as to try and reduce litigation in the matter of fee fixation”, the bench had observed in the order.
Accordingly, the bench directed the Committee to revisit the method adopted for fee fixation, and in that process, consider inputs/suggestions offered by independent experts in the fields of Medical College administration, Statistics, and Cost Accountancy. Further directed it to file affidavits to substantiate whether the Committee properly exercised its statutory power that the Court called for.
“…It is not arrogance but epistemic humility that must guide the functioning of Statutory Committees like the Fee Regulatory Committee, whose decisions are bound to impact a considerable section of our citizenry. The Committee cannot also remain oblivious to the judicial time that is expended in dealing with litigation stemming from an erroneous fee fixation done by it, more so when it is chaired by a former Judge of this Court. Since the Fee Regulatory Committee has shown itself as not open to suggestions for improvement, we direct them to file an affidavit before us detailing the procedure adopted by them while scrutinising the fee structure presented before them by the private Medical Colleges in the State.”, the order further read.
Cause Title: Fee Regulatory Committee for Medical Education in Kerala v. The Manager, Believers Church Medical College Hospital and Anr. Etc.
Click here to read/download the Order