MBBS – Denial of admission for non-payment of five times more fees than regular fees of first year
The petitioner was given provisional selection letter from EWS category for admission to MBBS course for the year 2024-2025 from the institutional quota in Terna Medical College of the respondent no.1.
On 31.10.2024, the petitioner had taken three demand drafts including Rs.26,94,000/- for three times of regular fees of first year.
However, he was denied admission and asked for five times the regular fees. On 1.11.2024, the petitioner raised a grievance before the CET Cell and Fees Regulatory Authority.
On 4.11.2024, an email was sent to the Dean to give explanation and to act in accordance with the notice dated 10.10.2024 in respect of the chargeable maximum fees.
In the explanation, the Medical College submitted that the petitioner was asked to pay second year fees also while taking admission to the first year.
Section 14(5) of the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015, provides that no institution shall collect fee more than one year in an academic year. Demand and collection of fees for more than one year is construed as “capitation fee” requiring action against the Institution.
Restitutive relief – it is the primary duty of the constitutional Court to control and regulate exercise of power or arbitration action. The said principle is called as the second step relating to restitution. Direction to create supernumerary medical seat for illegal denial of admission to the MBBS course.
Judgment dated 28.11.2024 of the Division Bench of the Bombay High Court (AS) in Writ Petition No.17047 of 2024 with Interim Application No.15012 of 2024 of Mashalkar Prasad Vs. Terna Medical College & Hospital and other
