MBBS : Supreme Court Asks Medical Students To Make Deposit Towards Fee Arrears To Get Original Certificates From College
9 Sept 2024 11:24 PM
The Supreme Court on Monday (September 9) passed an interim order in a petition filed by medical students challenging the withholding of original documents by a medical college for non-payment of arrears of fees. The Court directed the release of the documents upon the condition that 7.5 lacs will be deposited towards the pending fee arrears with an undertaking to pay the remaining balance amount.
The petitioners have challenged the rise in the fees by the Respondent - Shri Guru Ram Rai Institute of Medical and Health Sciences College for the MBBS Course. The college had increased its fees of 5 lac per student to 13.22 lacs for All India Quota, and 9.78 Lacs from 4 lacs for State Quota per annum. The decision was applied retrospectively in April 2018. (applying it to the 2018 batch of students)
The 91 students who have completed their course and one year internship have challenged the decision of the Uttarakhand High Court dated August 6. requiring them to pay the arrears of around Rs. 30 Lac to get their original documents.
Senior Advocate Gaurav Agarwal and Advocate Tanvi Dubey appearing for the petitioners argued that without the original documents from the college, they would be unable to apply to NEET-PG counselling or commence their careers in hospitals.
Senior Advocate Gopal Sankaranarayanan appearing for the college stressed that often it gets difficult for the colleges in such scenarios to keep track of the pending dues from students after documents are released. The withholding of the documents acts as a surety to ensure that the remaining deposit sum is paid.
Notably, the challenge to the decision is already pending before the Uttarakhand High Court. During its pendency, the High Court on February 28, directed payment of the entire amount of 36.99 lacs (in arrears) (All India Quota) and 26.01 lacs (State Quota) in 9 instalments. The college released notice stating that internship cannot start unless payment is made. The said decision was challenged in the Supreme Court.
By the order dated April 28, the Top Court directed that the internship be continued subject to the deposit of the fees in two installments. The High Court was further directed to dispose of the pending writ petition as expeditiously as possible, "preferably within three months from today".
The impugned order of the High Court on August 6, however posted the matter for hearing in March 2025. It also observed that the original documents can only be released if the petitioners pay the deposit sum directed in the February 28 order.
Today, the bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra passed an interim direction allowing students to obtain their original documents on the condition of paying a sum of Rs.7.5 lacs and an undertaking to pay the remaining amount depending upon the merits of the matter.
"Since the petitions are admitted in the High Court, in the meantime, it is common ground that the petitioners have paid an amount of Rs. 34 lacs (All India Quota) Rs.__ Lacs (State Quota) ....at this stage, bearing in mind the above amount paid, we are of the view that an interim order be passed so as to enable the students to obtain their testimonials to pursue their post graduate studies and practice medicine. We accordingly issue the following directions- conditions upon the petitioners (1) depositing Rs 7.5 lacs each with the 2/3rd respondents over and above the amounts which are already deposited; (2) petitioners shall be entitled to a return of their testimonials submitted at the time of obtaining admission, subject to the condition that petitioners shall file an undertaking in to pay the balance, in the event that that they are called upon to do so in conclusion of the final disposal of the pending writ petition."
Case Details : SAHIL BHARGAVA vs. STATE OF UTTARAKHAND SLP(C) No. 019953 - / 2024
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