Punjab and Haryana HC stays notification revising fee structure for MBBS course

Saurabh Malik

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Tribune News Service

Chandigarh, August 30

The Haryana Government’s decision to change the fee for MBBS courses charged by private unaided medical colleges affiliated with Pt BD Sharma University of Health Sciences at the very fag end of the admission process has failed to find favour with the Punjab and Haryana High Court.

Acting on a petition filed by 47 students, a Division Bench has stayed the retrospective operation of the notification dated December 29, 2020, whereby the fee structure from session 2020-21 was revised. The order will remain in force at least till October 25 — the next date of hearing in the case.

The Bench of Justice Jaswant Singh and Justice Girish Agnihotri also permitted adjustment of the excess fee deposited by the students. The judges asserted they understood the apprehension of the private colleges that refunding excess fee would cause financial disruption. As such, the excess fee deposited by the petitioner-students in terms of the notification would be adjusted in the fees yet to be paid, instead of being refunded. Needless to say that the payment of the fees by the students at the unrevised rate would be subject to final outcome of the writ petition, the judges clarified.

In their detailed order, the judges asserted they were, prima facie, of the opinion that once the prospectus in form of notification dated October 29, 2020, had been issued and implemented, it could not be allowed to be changed mid-admissions to disrupt the admission process.

The Bench added the revised fee structure had concededly been issued after the completion of the second round of counselling, in fact, two days before the closure of the third counselling or the mop-up round.

The Bench asserted: “Hence, the state government ought not to have interfered/altered the conditions of the prospectus to the disadvantage of parties/students. Even at the time of argument, no reason has been assigned by the state counsel for changing the fee at the very fag end of the admission process, once the majority of the students have already taken admissions in terms of the unrevised fees.”