The Supreme Court, on October 21, issued a notice in the transfer petition filed by National Medical Commission (NMC) in connection to the several pleas challenging the validity of its decision to keep fee of 50 per cent seats in private medical colleges and deemed universities at par with the fee in the government medical colleges. The NMC is now seeking to transfer to SC or to any of the HC all similar challenges pending before different courts across the country, reported LiveLaw.
The NMC has said the benefit of the fee structure would be first made available to those candidates who have availed government quota seats. The transfer petition, the main petition and the connected cases will be heard on November 4 by a bench comprising Justices DY Chandrachud and Hima Kohli. Justice Chandrachud suggested advocate Gaurav Sharma to appear on behalf of the NMC to file a transfer petition so that SC can transfer all the related 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 on behalf of the petitioner highlighted that the case has been stayed by three HCs, namely, Kerala, Madhya Pradesh and Madras high courts. He had added that the Madras HC has found the impugned notification to be ‘bad in law’ and remanded it back to the regulator. Since the HCs have stayed 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 news daily added.
The main petition moved by AHSI Association Of Health Sciences Institutes claimed that the SC in several judgements stated that the method for fixation of fees will be decided after considering various guidelines incouding facilities available in the college, infrastructure, age of investment made, plans for expansion, among others.
The The only authority vested with powers to fix the fees of medical colleges fees is the fee fixation committee in each state presided by a retired HC judge, claims the petition. It also challenged the NMC’s decision and sought private unaided medical colleges charge the fixed fee annually from the students subject to the monitoring of the committee for ensuring there is no profiteering.
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