The Supreme Court on Wednesday dismissed a plea questioning how the ₹8 lakh income ceiling for Economically Weaker Sections (EWS) candidates could be reconciled with the high fees demanded by private medical colleges, which could run up to ₹25 lakh annually [Harshvardhan Singh v. State of Rajasthan & Ors].
A Bench of Justice BV Nagarathna and Justice Joymalya Bagchi upheld a Rajasthan High Court ruling, which had found the fee structure fixed by the State Fee Regulatory Committee to be legally valid.
During the hearing today, Justice Nagarathna also observed that private colleges cannot be expected to offer its courses at subsidised fees like government colleges.
“You cannot say private educational institutions shall charge the same as government institution. That cannot be. One person cannot come and say that private is exorbitant, so make it like government. These are self-financing institutes. For government ones...they get grant (subsidies) from the State. There is a vital difference,” the judge observed.
Referring to established precedent, Justice Nagarathna added,
“Please see TMA Pai (caselaw). Capitation fee is banned...but that does not mean general college fees cannot be taken.”
The Court also cautioned against undermining the role of private institutions in medical education.
“Assistance of private medical colleges to the State in the field of medical education will stop then...We need doctors,” said Justice Nagarathna.
On the issue of affordability when it comes to private college fee structures, she remarked,
“If you are unable to pay...get scholarship...subvention...”
The plea had been filed by an EWS candidate who submitted that tuition fees in private medical colleges in Rajasthan range between ₹18.9 lakh and ₹25 lakh per year. This, he argued, effectively renders the EWS quota ineffective in practice, as candidates within the ₹8 lakh income bracket cannot realistically afford such education.
The Rajasthan High Court had rejected this contention, noting that the fee structure had been fixed by the State Fee Regulatory Committee in accordance with the Supreme Court’s ruling in Islamic Academy of Education v. State of Karnataka.
It had held that EWS reservation applies only at the stage of admission and does not create any entitlement to subsidised or differential fees in private colleges.
The High Court had further observed that the absence of any statutory provision mandating fee concessions meant that high fees, by themselves, could not be treated as a denial of EWS reservation, even if they limited practical access for eligible candidates.
Today the Supreme Court refused to interfere with this ruling.
“We don't find reason to intervene with the High Court order. Dismissed. Question of law, if any, is kept open," the top court said.
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