Kerala HC sets aside govt. panel's order on medical college fee

Kochi, Aug 18 (UNI) The Kerala high court today set aside the P A Mohammad Committe's order fixing an annual fee of Rs 130,000 for the Malankara Orthodox Syrian Church Medical College, Kolencherry, holding the government-appointed panel did not have the power to determine fee but only to check profiteering.

A division bench comprising Justices K S Radhakrishnan and V K Mohanan observed that in the fee regulatory committee order dated April 26, 2007, there was no clear finding as to whether there was an element of profiteering or attempt to charge capitation fee in the proposal submitted by the college.

The college had proposed a fee of Rs. 320,000 per student per year but this was not accepted by the committee which fixed the fee at Rs. 130,000.

The Malankara medical college challenged the committee order in the high court, contending that the panel had exceeded the powers conferred on it under the Self-Financing Colleges Regulation Act in interfering with the power of the management in fixing the fee structure.

Setting aside the committee order, the court observed that a division bench had earlier held in the Lissie Medical College case that the fee has to be decided by the institution itself and this right of the institution cannot be arrogated by the committee.

''The committee has got the power only to regulate the profiteering and charging of capitation fee,'' it added.

The bench also observed that the fee fixed by the committee was lower than the one agreed by the state government for some other medical colleges.

The bench directed the Mohammad Committe to point out the areas, if any, where there was any element of profiteering or capitation fee in the fee structure submitted by the college.

It also directed that any required clarification must be communicated to the colege managment within one week and the order passed within two weeks after a personal hearing of the petitioner college.

UNI