PETITIONER: T.M.A. PAI FOUNDATION AND OTHERS Vs. RESPONDENT: STATE OF KARNATAKA AND OTHERS DATE OF JUDGMENT13/05/1994 BENCH: KULDIP SINGH (J) BENCH: KULDIP SINGH (J) AGRAWAL, S.C. (J) MOHAN, S. (J) JEEVAN REDDY, B.P. (J) BHARUCHA S.P. (J) CITATION: 1994 SCC (4) 728 1994 SCALE (3)8 ACT: HEADNOTE: JUDGMENT:
ORDER
1.The Union of India has filed an affidavit through Mr
Alok Perti, Director, Ministry of Health and Family Welfare,
Government of India. It is stated therein that the
Government of India is in the process of finalising the fee
structure in the Medical and Dental Colleges. It is,
however, indicated in
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draft guideline annexed to the affidavit that an amount of
Rs 1,90,000 per student per year shall be payable as fee in
the Medical Colleges in respect of the payment seats. So
far as the Dental Colleges are concerned, the fee suggested
is Rs 1,30,000. We have heard Mr D.P. Gupta, learned
Solicitor General in this respect. We have also heard Mr
Kapil Sibal and Mr Tarkunde, Senior Advocates. We are of
the view that the fees structure suggested in the guideline
is very much on the higher side. While arriving at this
figure, the Government of India has not taken into
consideration the Non-Resident Indian (NRI) component which
itself is a measure of subsidy to the Institutions.
2.We fix the following tentative and provisional fee
structure for Medical and Dental Colleges for the year 1994-
95:
Medical Colleges
(1) Medical Colleges having their own
Hospital facility – Rs 1, 10,000 per annum.
(2) Medical Colleges having partly their own
Hospital facilities and partly utilising the
Government facilities – Rs 1,00,000 per annum.
(3) Medical Colleges who do not have their
own Hospital facilities, but entirely depend
on Government Colleges for training of
students – Rs 90,000 per annum.
Dental Colleges
(1) Dental Colleges having their own
Hospital facilities – Rs 70,000 per annum.
(2) Dental Colleges availing the facilities
of Government Colleges Rs 60,000 per annum.
3.So far as the NRI quota is concerned, we fixed the same
as 15% last year. We fixed the NRI quota in respect of
minorities’ institutions as 5%. Although the NRI quota
should not, normally, be more than 5%, but keeping in view
the reduction in the fee structure, we fix the same as 10%
(of the total seats) for this year. We further make it
clear that in case any seat in the NRI quota remains
unfilled, the same can be filled by the Management at its
discretion.
4.So far as the other Medical (Indian system of Medicine)
including Homeopathy Institutions are concerned, we leave it
to the respective State Governments to fix the fee
structure. The State Government shall keep in view the
reduced fee structure which we have fixed for the Medical
and Dental Colleges.
5.Writ Petition 2228 of 1981 and SLP No. 8844 of 1986 are
delinked and are to be listed separately.
CP No.92 of 1994 in WP No. 317 of 1993
6.At the request of Mr Acharya, learned Advocate General
for the State of Karnataka, we adjourn this contempt
petition to 20-7-1994.
Court Master
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