Telangana High Court strikes down G.O.s fixing fee for medical courses in 2017-2019

Hyderabad: The Division Bench of the Telangana High Court, comprising Chief Justice Satish Chandra Sharma and Justice Abhinand Kumar Shavili on Wednesday "struck down" GOs 40 and 41 of the Health and Family Welfare department, dated May 9, 2017 issued by the Special Chief Secretary, fixing fee of students admitted to post-graduate and dental courses and the State minorities dental professional institutions for academic years 2017 to 2019 (three block years). The Bench found that the fee was fixed by the government without the recommendation of the fee regulatory committee and in clear violation of various Supreme Court judgments.

The Bench also directed all the colleges where students studied medical courses during 2017-2019 to pay back the extra fee collected by them to students, other than the fee fixed by the fee regulatory committee within one month from the date of issuance of the order. It also directed the colleges to issue certificates to students which were with-held by the colleges for not paying the additional fee, as per the GOs.

The bench in its order said that the government had no role in the matter of fixing the fee for medical courses, which is the task to be taken up only by the fee regulatory committee and fee should be collected as recommended by it. Despite the fact that the committee had informed the government, vide its letter dated May 1, 2017 that it had fixed the fee for medical courses for 2017-2019 and a notification has been issued to this effect. The government went ahead and issued a GO on May 9 ,2017 fixing the fee, which is a clear violation of various Supreme Court Judgments.

The bench was hearing a batch of PILs and writ petitions filed challenging the decision of the government in issuing GOs permitting the medical colleges to collect fee. without the recommendation of the committee.