‘Education not a business’: SC subdues cost walking order for Andhra clinical universities
The bench claimed the resolution of cost or testimonial of cost must be within the criteria of the addiction regulations and also will have straight nexus on the aspects discussed in Rule 4 of the Rules, 2006, particularly: (a) place of the expert establishment; (b) the nature of the expert program; (c) the price of offered facilities; (d) the expense on management and also upkeep; (e) an affordable excess needed for development and also development of the expert Institution; (f) the earnings inevitable therefore waiver of cost, if any type of, in regard of pupils coming from the scheduled classification and also various other financially weak areas of thesociety
The bench claimed: “All the aforesaid factors are required to be considered by the AFRC (Admission and Fee Regulatory Committee) while determining/reviewing the tuition fees. Therefore, the High Court is absolutely justified in quashing and setting aside G.O. dated September 6, 2017.” The leading court enforced Rs 5 lakh price on the petitioner, Narayana Medical College, and also Andhra Pradesh to be transferred with the court computer system registry within a duration of 6 weeks.
The bench claimed the clinical universities are the recipients of the prohibited GO (government order), which was appropriately alloted by the high court. “The respective medical colleges have used/utilised the amount recovered under GO. dated 06.09.2017 for a number of years and kept with them for a number of years on the other hand students paid the exorbitant tuition fee after obtaining loan from the financial institutions/banks and paid the higher rate of interest,” claimed the bench.
The leading court made these monitorings while rejecting an appeal submitted by a clinical university testing the high court reasoning. “If at all the AFRC determines/fixes the tuition fee which is higher than the tuition fee fixed earlier, it will be always open for the medical colleges to recover the same from the concerned students, however, the respective medical colleges cannot be permitted to retain the amount collected illegally pursuant to G.O. dated 06.09.2017,” it claimed.
The high court had actually held that thinking about the arrangements of the Andhra Pradesh Admission and also Fee Regulatory Committee (for Professional Courses provided in Private Un-Aided Professional Institutions) Rules, 2006, the cost can not be enhanced/fixed without the recommendations/report of the board.