The Supreme Court has asked the Centre to enforce a strict legal regime to curb the prevalence of exorbitant capitation fees charged by private medical and technical colleges.
Upset that despite its two Constitutional bench rulings in 2002 (TMA Pai case) and 2005 (PA Inamdar case) prohibiting charging of capitation fee by self-financing institution or any such form of profiteering, the bench said the Centre was not serious in its approach to check this unfair and unethical practice and the regulatory bodies were too weak to enforce effective checks and balances.
“Collection of large amount by way of capitation fee running into crores of rupees for MBBS and post-graduate seats, exorbitant fee, donation, etc, by many of such self financing institutions, has kept the meritorious financially poor students away from those institutions,” a bench of Justices KS Radhakrishnan and AK Sikri said.
The case that served as an eye-opener for the Court related to the state of affairs at Rohilkhand Medical College and Hospital, Bareilly which was denied approval by Medical Council of India to admit the third batch of MBBS students for 2008-09 on account of serious deficiencies in teaching faculty and hospital facilities.
The college obtained a direct sanction from the Health Minister on September 26, 2008 and on investigation, CBI found out that sanction was given on a fictitious report prepared by the Ministry to cover the deficiencies of the college suggested by MCI. The then Minister, Deputy Health Secretary and Chairman of the college are presently charge-sheeted and facing trial. MCI rejected the institution’s request to increase its MBBS intake to 150 students for 2013-14, against which they approached the apex court.
Finding the Government to act hand-in-gloves with private medical and technical colleges, led the Court to note with concern “the falling standards of education”. To remedy the ill, the bench felt that laws passed by few states such as Kerala, Karnataka, Tamil Nadu, Andhra Pradesh, Maharashtra, Delhi lacked teeth as anybody found guilty of charging capitation fees got away on payment of meager fine.
The Court prescribed “the extreme necessity of a Parliamentary legislation” to be the only effective cure to curb such unfair practices, which is the demand of the society. The Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and University Bill 2010 is pending in Parliament, a step to this end, is pending in Parliament but lying idle with no follow up. Prodding the Centre to make “earnest efforts” in enacting a strong law, the Court hoped such legislation o effectively curb the unethical practice in the larger public interest.