- (1.) These petitions have been filed by the petitioners, whose children are studying in medical colleges run by respondent No.3-Trust. The fee structure has been fixed by respondent No.1-Committee at a figure of Rs.2,20,000/- per annum. On 20.09.2006 when the Court admitted the petitions, after hearing the parties, by way of interim relief directed as under: "13. Considering all aspects of the matter, including the increase granted by the Committee in favour of respondent nos. 2 and 3, the nature of dispute about the question of subsidizing medical facility at the hospital and other relevant aspects, I find that it would be appropriate that the petitioners be asked to pay fee of Rs.1,80,000/- p.a. as an interim measure. 14. It is accordingly directed that respondent nos. 2 and 3 shall by way of interim formula charge fees from the medical students at the rate of 1,80,000/- p.a. Proportionate fees for the first term shall be paid by the students accordingly. 14.1. If such amount is deposited with the college within a period of one week from today, the same shall be accepted. Last date for paying of the fees shall stand extended. No late fee charges will be charged. The college shall on its notice board accept this extended time limit for payment of fees. 14.2. The petitioners shall file an undertaking before this Court that they will abide by the ultimate decision of these petitions and will pay additional fees if so directed. Additionally, it will be also open for respondent nos. 2 and 3 to take an undertaking from the individual students to this effect. 14.3 Prima facie I am however, unable to accept the contention of learned advocate for the petitioners that the revised fee should be made applicable only to new students and students who are already studying should be spared such revision. Accepting for such a contention would put additional burden on fresh students. All students, therefore, will bare equal burden of revised fee."
(2.) On going through the impugned order made by the respondent No.1-Committee, it appears that the fees have been fixed for 2006-2007 with respondent No.2-College/respondent No.3-Trust required to seek revision for 2007-2008 and 2008-2009 every year on the basis stated therein. Today, by a separate judgment and order made in Special Civil Application No.13887 of 2006 in the case of Shree Swami Narayan Manav Sewa Trust Vs. Justice R. J. Shah Fee & Admission Committee, this Court has held that such a truncated exercise is not permissible and respondent No.1-Committee has been directed to pass a fresh order after hearing the concerned institute as well as the students of the institute.
(3.) However, in so far as the present petitions are concerned, there is one additional aspect viz. whether hospital charges/costs can be recovered from the students. In this connection, the Court has recorded thus while passing the interim order : "11. Prima-facie I find that some of the expenditure of running of hospital which the Committee has accepted, require a closer scrutiny. It cannot be denied that providing a hospital facility for imparting medical education is compulsory. Respondent nos. 2 and 3 also run a hospital in which medical students as part of their curriculum undertake training. To what extent expenditure incurred for such a facility can be charged from the students is a question that has to be gone into at the time of final disposal of the petition. However, it has come on record that the hospital run by the said respondents does not fully recover the medical expenditure from the patients and large number of patients receive treatment at a subsidized rate. 12. All these aspects of the matter shall have to be considered at length while deciding the issues finally. However, at this interim stage, I find that some rough and ready formula is required to be provided so that entire burden does not fall on students.";