HC sets aside order fixing self-fin MBBS course fees
tnn | Mar 1, 2019, 04:36 IST
Kochi: The high court on Thursday set aside the orders issued by admission and fee regulatory committee (AFRC) fixing fees for MBBS at self-financing medical colleges for 2016-17, 2017-18, and 2018-19. The orders were set aside as they were passed by AFRC without the required quorum.
A division bench comprising Justice K Surendra Mohan and Justice Annie John considered a total of 26 petitions filed by college managements.
The court directed AFRC to pass fresh orders in the matter within two months. Though the orders of AFRC regarding fixation of fee have been set aside, the court said the fee fixed through those orders shall continue to be in force as provisional fees until fresh orders are passed.
The college managements argued that the orders were passed by AFRC while only two or three members were present. In some cases, the matter was heard by two or three members but the orders were signed by five members. None of the orders have been passed by the committee with its full quorum. Though a quorum was fixed in the Act governing AFRC, it was set aside by the high court (in KSF Dental College Managements Consortium vs State of Kerala), the managements had contended.
Ruling in favour of the managements, the court said that the division bench in the KSF case had found the composition of the committee to be unwieldly. “However, Section 5(3) that prescribed the quorum to be four has been set aside by the division bench as unsustainable. The resultant position is that, no quorum is prescribed for the meeting of the committee. Therefore, all the members thereof would have to be present,” it said.
A counsel representing AFRC argued that all members need not be present at its meetings as Section 4 permits the committee to formulate its own procedure.
After referring to Sub Sections 6 and 7 of Section 4, the court said they only provide that no act or proceedings of the committee shall be invalid for the reason of any defect or irregularity in its constitution. The said provision is not applicable in this case as there is no irregularity in the constitution of the committee here. Similarly, Sub Section 7, which empowers the committee to regulate its procedures, also cannot replace the provision stipulating the quorum, the court said.
A division bench comprising Justice K Surendra Mohan and Justice Annie John considered a total of 26 petitions filed by college managements.
The court directed AFRC to pass fresh orders in the matter within two months. Though the orders of AFRC regarding fixation of fee have been set aside, the court said the fee fixed through those orders shall continue to be in force as provisional fees until fresh orders are passed.
The college managements argued that the orders were passed by AFRC while only two or three members were present. In some cases, the matter was heard by two or three members but the orders were signed by five members. None of the orders have been passed by the committee with its full quorum. Though a quorum was fixed in the Act governing AFRC, it was set aside by the high court (in KSF Dental College Managements Consortium vs State of Kerala), the managements had contended.
Ruling in favour of the managements, the court said that the division bench in the KSF case had found the composition of the committee to be unwieldly. “However, Section 5(3) that prescribed the quorum to be four has been set aside by the division bench as unsustainable. The resultant position is that, no quorum is prescribed for the meeting of the committee. Therefore, all the members thereof would have to be present,” it said.
A counsel representing AFRC argued that all members need not be present at its meetings as Section 4 permits the committee to formulate its own procedure.
After referring to Sub Sections 6 and 7 of Section 4, the court said they only provide that no act or proceedings of the committee shall be invalid for the reason of any defect or irregularity in its constitution. The said provision is not applicable in this case as there is no irregularity in the constitution of the committee here. Similarly, Sub Section 7, which empowers the committee to regulate its procedures, also cannot replace the provision stipulating the quorum, the court said.
more from times of india Cities
LATEST VIDEOS
All Comments ()+^ Back to Top
Refrain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks, name calling or inciting hatred against any community. Help us delete comments that do not follow these guidelines by marking them offensive. Let's work together to keep the conversation civil.
HIDE