Anaswara T A and Others v. State of Kerala and Others

``` 2025:KER:27821 ``` **==> picture [58 x 57] intentionally omitted <==** ## _`WP(C) NO. 12269 OF 2025`_ ``` 1 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE AMIT RAWAL ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR THURSDAY, THE 27[TH] DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 ``` ``` WP(C) NO. 12269 OF 2025 ``` ## _`PETITIONER(S):`_ - _`1 ANASWARA T A, AGED 20 YEARS, D/O ABHILASH T D, THATTUPARAMBIL HOUSE, NATTIKA P.O, THRISSUR-, PIN - 680566`_ - _`2 NIVEDITHA VYAS, AGED 19 YEARS, D/O VYASSHA P P, PALOLICKAL HOUSE, KELAKAM P O, KANNUR-, PIN - 670674`_ - _`3 HIMA VARGHESE, AGED 20 YEARS, D/O VARGHESE C R, CHAKKATTIL HOUSE, EDAVANAKAD, ERNAKULAM, PIN - 682502`_ - _`4 SANA MINHA, AGED 19 YEARS, D/O YUNOOS SALIM, CHOORIYAN HOUSE, SULTHANBATHERY WAYANAD-, PIN - 673592`_ - _`5 VYSHNAV R S, AGED 23 YEARS, S/O SREENIVASAN O T, OTTATHENGIL HOUSE, AYANIKKAD P O, PAYYOLI, KOZHIKKODE-, PIN - 673521`_ - _`6 VAISHNAVI NANDWANA, AGED 18 YEARS, D/O ARVIND KUMAR NANDWANA, BOHARON KA MOHLLA BAGRU P O, BAGRU, JAIPUR, RAJASTHAN-, PIN - 303007`_ ``` 2025:KER:27821 ``` ``` 2 ``` **==> picture [58 x 57] intentionally omitted <==** ## _`WP(C) NO. 12269 OF 2025`_ - _`7 YADHU KRISHNA UMESH AGED 19 YEARS, S/O UMESH S,VYSHNAVAM, SARRA- 27, ERAVIMANGALAM P O, NADATHARA THRISSUR-, PIN - 680751`_ - _`8 LAKSHMI N, AGED 21 YEARS, D/O NARAYANAN KUTTY A, MULLAPULLY HOUSE, NEMMARA P O, PALAKKAD, PIN - 678508`_ - _`9 SREELAKSHMI K, AGED 19 YEARS, D/O GOPI K,KAPRAMKOTTIL HOUSE, PALAKKAD-, PIN - 678633`_ - _`10 DEVIKA K B, AGED 20 YEARS, D/O BABURAJ K V, KATTISSERY HOUSE, KUNNAMKULAM, ANJOOR P.O., THRISSUR,, PIN - 680523`_ - _`11 AISWARYA B AGED 20 YEARS, D/O BIJU V.R, VELUTHEDATH HOUSE CHAKKOTH LANE PUNKUNNAM, THRISSUR, PIN - 680002`_ - _`12 TANVI BALU, AGED 19 YEARS, D/O BALASUBRAMANYAN K, CHAKYATH HOUSE, EDAKKARA P.O, CHELANNUR KOZHIKODE-, PIN - 673316`_ - _`13 GOPIKA R AGED 20 YEARS, D/O RAVINDRAN R, RAJALAYAM HOUSE, EZHUVANTHALA P O, NELLAYA, PALAKKAD-, PIN - 679335`_ - _`14 TUSHAR SANKAR P A, AGED 19 YEARS, S/O ABHILASH P S, POTTEKKATT HOUSE, KANDASAN KADAVU, MAMBULLY, THRISSUR-, PIN - 680613`_ ``` 2025:KER:27821 ``` ``` 3 ``` **==> picture [58 x 57] intentionally omitted <==** ## _`WP(C) NO. 12269 OF 2025`_ - _`15 SANJANA SUDHEER AGED 20 YEARS, D/O DEEPA V, PULIYAKKODE HOUSE, DEEPA SADAN, KANNIYAMPURAM, OTTAPPALAM, PALAKKAD-, PIN - 679104`_ - _`16 SALEHA FARHIN, AGED 20 YEARS, D/O M D JAWED ANSARI, ALKAPURI, GIRIDIH, JHARKHAND-, PIN - 815301`_ - _`17 SANTHOSHIMA F SHAJI, AGED 21 YEARS, D/O FIDEL SHAJI, TINY COTTAGE, EDAKULAM P.O, RANNI, PATHANAMTHITTA-, PIN - 689672`_ - _`18 SEHLA THERUVATH KALLUNGAL KABEER AGED 19 YEARS, D/O THERUVATH KALLUNGAL HUSSAIN KABEER, THERUVATH KALLUNGAL HOUSE, MANATHALA, CHAVAKKAD,THRISSUR-, PIN - 680506`_ - _`19 DEVIKA AJITH, AGED 21 YEARS, D/O AJITH P P, MANDOTHIL HOUSE, CHOTTANIKARAPO, TRIPUNNITHURA ,ERNAKULAM-, PIN - 682312`_ - _`20 HRIDYA SRAVAN B B, AGED 19 YEARS, D/O BEENA C C,MANJARI, PURTHIVILA, THIRUPURAM P O NEYYATTINKARA,TRIVANDRUM-, PIN - 695133`_ - _`21 KRISHNA PRIYA C M, AGED 19 YEARS, D/O MANOJ K, CHARACHATTEL HOUSE, PAKAD, MUDAPPALLUR P O, PALAKKAD-, PIN - 678705`_ - _`22 NANDHANA K, AGED 20 YEARS, D/O SHAJI K,KALLIDUMBIL HOUSE, KARATTUKURSSI P O, CHERUPULASSERY PALAKKAD-, PIN - 679503`_ - _`23 NINU N, AGED 21 YEARS, D/O SUNIL KUMAR V P,`_ **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:27821 ``` ## _`WP(C) NO. 12269 OF 2025`_ ``` 4 ``` ``` NICE, PULINJOLI ROAD P O, VADAKKUMBAD, THALASSERY KANNUR-, PIN - 670105 ``` - _`24 ANANDITHA G NAIR, AGED 20 YEARS, D/O GIRISH B, POOVAKKATH,BHAKTHI, S N PURAM,CHERTHALA,ALAPPUZHA, ALAPPUZHA-, PIN - 688582`_ - _`25 ADHEENA C KANAKADAS AGED 20 YEARS, D/O KANAKADAS C R, CHAKKALAPARAMBIL HOUSE, KANJIRAMATTOM, ERNAKULAM,, PIN - 682315`_ - _`26 M D GHUFRAN AGED 22 YEARS, S/O RIFAQUAT ABBAS,6671, STREET NO-3, KOTHI MEM,BARA, HINDU RAO, DELHI-, PIN - 110006`_ - _`27 CHRIS K M AGED 20 YEARS, D/O MULER K F, KALLARAKKAL HOUSE, BLAYIKADABU ROAD, CHERANELLOR, ERNAKULAM -, PIN - 682034`_ - _`28 VISHAK S, AGED 21 YEARS, G SURESH KUMAR, VETTIYIL THAZHETHIL VEEDU, NEDUVANOOR AUANEESWARAM, RSPO-, PIN - 691508`_ - _`29 FARDEEN AHMAD, AGED 24 YEARS, S/O MUQTADIR AHMAD, A-2, 21 PHASE-V, AYANAGAR, NEW DELHI-, PIN - 110047`_ - _`30 ASWIN ANIL, AGED 20 YEARS, S/O SHYMA A M, ACHOOS, ADOOR PALM , KADACHIRA P O,KANNUR, PIN - 670621`_ - _`31 ALEENA DAVIS, AGED 18 YEARS, D/O DAVIS P A, PALLIPAT HOUSE, VALLAKUNNU,`_ ``` 2025:KER:27821 ``` **==> picture [58 x 57] intentionally omitted <==** ## _`WP(C) NO. 12269 OF 2025`_ ``` 5 ``` ``` KALLETTUM KARA P O, THRISSUR-, PIN - 680683 ``` - _`32 NITHYA PRAKASAN, AGED 20 YEARS, D/O PRAKASAN T K, THEVARKUNNUMMAL HOUSE , MENHANNIAM, P O, PERAMBRA,KOZHIKODE-, PIN - 673525`_ ``` 33HARDIK PATEL, AGED 21 YEARS, S/O KAMLESH KUMAR,723 F, SHAKUN NAGAR, CIVIL, LINES, FATEHPUR, UTTARPRADESH-, PIN - 212601 ``` - _`34 SREENANDANA K BABU, AGED 20 YEARS, D/O KALA L,AGED,SREEVALSAM, KULAKKADA P O,KOTTARAKKARA,-, PIN - 691521`_ - _`35 ANUPAMA S, AGED 21 YEARS, D/O SUDEEP A M,C-5, J M FLATS, FREEDOM ROAD,KALOOR P.O, ERNAKULAM-, PIN - 682017`_ - _`36 RAJENDRA BHASKAR BORKAR, AGED 21 YEARS, S/O BHASKAR KASHIRAM BORKAR, PRAYAGRAJ POWER GENERATION COMPANY ATPOLOHGARA,PRAYAGRAJ-, PIN - 212107`_ - _`37 FATHIMA RIYA NAHALA P S, AGED 21 YEARS, D/O SOFIYA E M, PALLIPARAMBIL HOUSE, KOORIKUZHY THRISSUR-, PIN - 680681`_ - _`38 SREEBHADRA S, AGED 21 YEARS, D/O SREEKUMAR S,`_ - _`SREESADANAM, KARAMBATHUR P O, PALLIPURAM- PATTAMBI PALAKKAD-, PIN - 679305`_ - _`39 HIBA,`_ - _`AGED 20 YEARS, D/O MOHAMMED KASEEM, KODAKKALLAN HOUSE, CHERUR P.O, VENGARA, MALAPPURAM, PIN - 676304`_ ``` 2025:KER:27821 ``` ``` 6 ``` **==> picture [58 x 57] intentionally omitted <==** ## _`WP(C) NO. 12269 OF 2025`_ - _`40 JOBIN JOHNSON, AGED 19 YEARS, S/O JOHNSON J, KANJIRAMVILA, NARICKAL P O, PUNALUR. KOLLAM, PIN - 691322`_ - _`41 DEVIKA K N, AGED 19 YEARS, D/O P NARAYANAN MOOTHATHU, KARICKA MADOM, MANNARASALA P O, HARIPPAD, PIN - 690514`_ - _`42 JATIN SHARMA, AGED 22 YEARS, S/O AMAR CHAND SHARMA, VILL BHIDUKI TEH HODAI DIST PALWAL, HARIYANA, PIN - 121107`_ - _`43 SANJANA NAIR, AGED 20 YEARS, D/O S H HARISH GOPI,H NO.64, HILL VIEW NAGAR, KAKKANNI, DHONI P O , PALAKKAD-, PIN - 678009`_ - _`44 NAVEEN P, AGED 20 YEARS, S/O JAYAKRISHNAN C , SIVARANJINI, AYANKALAN THAVANUR , MALAPPURAM-, PIN - 679573`_ - _`45 BALA SUDHEER, AGED 19 YEARS, D/O M A SUDHEER, MANNAZHATHU HOUSE, BALABHADRA ROAD EROOR, WEST P O, ERNAKULAM-, PIN - 682306`_ - _`46 ANNIKA HARIDAS NAIR, AGED 18 YEARS, D/O HARIDAS NAIR, KANNAN KUZHIYIL, MALAMAKKABU P.O, KUDALLUR PALAKKAD-, PIN - 679554`_ - _`47 RAMEESA LATHEEF, AGED 20 YEARS, D/O ABDUL LATHEEF, MANNIL VALAPPIL HOUSE TRITHALA P.O, PALAKKAD -, PIN - 679534`_ ``` 2025:KER:27821 ``` ``` 7 ``` **==> picture [58 x 57] intentionally omitted <==** ## _`WP(C) NO. 12269 OF 2025`_ - _`48 NISAR PERWEZ AGED 24 YEARS, S/O MD PERWEZ, ALAM GOGRI JAMALPUR MUSKHIPUR-, PIN - 851203`_ ``` 49HARSH CHAUDARY, AGED 18 YEARS, S/O SHISHU PAL SINGH, P-71,(MIG) PALLAVPURAM, PHASE 2,MEERUT, UTHARAPRADESH, PIN - 121107 ``` ``` 50NIRANJANA RAJEEV, AGED 19 YEARS, D/O LIJI BHASKAR,RAJEEV NIVAS, PALAKKAL.P.O, VELIMUKKU SOUTH, MALAPPURAM-, PIN - 676317 BY ADVS. P.MARTIN JOSE P.PRIJITH THOMAS P.KURUVILLA R.GITHESH AJAY BEN JOSE MANJUNATH MENON SACHIN JACOB AMBAT ANNA LINDA EDEN HARIKRISHNAN S. ANAVADYA SANIL KUMAR ANJALI KRISHNA S.SREEKUMAR (SR.) ``` ## _`RESPONDENT( S ) :`_ ``` 1STATE OF KERALA REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM –, PIN - 695001 ``` - _`2 THE DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM - REPRESENTED BY THE DIRECTOR., PIN - 695011`_ ``` 2025:KER:27821 ``` ``` 8 ``` **==> picture [58 x 57] intentionally omitted <==** ## _`WP(C) NO. 12269 OF 2025`_ - _`3 THE FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA,`_ - _`T.C. 15/1553-4, PRASANTHI BUILDINGS,`_ - _`M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM – REPRESENTED BY THE CHAIRMAN., PIN - 695014`_ - _`4 THE COMMISSIONER OF ENTRANCE EXAMINATION, 7TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THAMPANOOR, THIRUVANANTHAPURAM – REPRESENTED BY THE COMMISSIONER., PIN - 695001`_ - _`5 PK DAS INSTITUTE OF MEDICAL SCIENCES, VANIAMKULAM, OTTAPPALAM, PALAKKAD – REPRESENTED BY ITS PRINCIPAL., PIN - 679522`_ ``` SR GP SRI BIMAL K NATH SMT MARY BENJAMIN SC ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 12269 OF 2025 ``` ``` 9 ``` **==> picture [58 x 57] intentionally omitted <==** **==> picture [102 x 9] intentionally omitted <==** **----- Start of picture text -----**<br> 2025:KER:27821<br>**----- End of picture text -----**<br> ## **JUDGMENT** ## **AMIT RAWAL, J.** 1. Writ petitioners, fifty(50) in number, have appeared in the National Eligibility cum Entrance Test (NEET) during the year 2024 and got qualified for admission to the MBBS Course for the academic year 2024-2025. As per the first phase of allotment, notification for admission to the MBBS for the academic year 2024-2025 was issued by the Commissioner of Entrance Examination - 4[th] respondent on 29.08.2024. Candidates who received the allotment was required to pay fees and join the college from 30.08.2024 to 4.p.m. on 5.9.2024. It was clarified as per notification Ext.P2 that the fees for the academic year was yet to be fixed by the Self-Financing Medical Colleges, candidates were directed to provisionally pay the fees subject to the condition of paying the balance in case the fees fixed for the academic year is higher. On 30.08.2024, the Medical College ``` 10 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:27821 ``` ## _`WP(C) NO. 12269 OF 2025`_ ie., PK DAS Institute of Medical Sciences – respondent No.5 published fees structure for MBBS Course vide Ext.P3 and fees in the open merit has been shown as Rs.7,05,805/(Rupees seven lakhs five thousand eight hundred five only) per year, special fees Rs.1,04,805/- (Rupees one lakh four thousand eight hundred five only) and hostel charges Rs.2,01,480/- (Rupees two lakhs one thousand four hundred eighty only) and from second year onwards, special fee was Rs.38,650/- (Rupees thirty eight thousand six hundred fifty only) and hostel fees Rs.1,86,360/- (Rupees one lakh eighty six thousand three hundred sixty only) subject to the fixation by the 3[rd] respondent ie., Fee Regulatory Committee for Medical Education in Kerala. Vide Ext.P4 dated 18.09.2024 Commissioner of Entrance Examination 4[th] respondent issued notification extending the last date to 24.09.2024 with final allotment to be published on 27.09.2024. ``` 2025:KER:27821 ``` ``` 11 ``` **==> picture [58 x 57] intentionally omitted <==** ## _`WP(C) NO. 12269 OF 2025`_ 2. All the petitioners joined the 5[th] respondent – College paid fees as per Ext.P3. On 27.09.2024 vide Ext.P7 4[th] respondent published the second phase allotment and third phase allotment on 09.10.2024 vide Ext.P8. 3. On 14.10.2024 classes of first year MBBS course commenced and after four(4) months of commencement of classes, vide Ext.P9, 5[th] respondent issued a circular dated 17.02.2025 increasing the tuition fee for the academic year in the open merit category to Rs.8,97,000/- (Rupees eight lakhs ninety seven thousand only) per annum and special fees for the first year to Rs.1,10,045/- (Rupees one lakh ten thousand forty five only) i.e., increase of more than Rs.27%. Representation Ext.P11 was submitted to the Fee Regulatory Commission dated 24.02.2025 but of no response and later acquired knowledge of the order of 3[rd] respondent dated 13.02.2025 Ext.P12 which led to issuance of the circular dated ``` 2025:KER:27821 ``` ``` WP(C) NO. 12269 OF 2025 ``` ``` 12 ``` **==> picture [58 x 57] intentionally omitted <==** 17.02.2025 Ext.P9 fixing the fee structure. 4. Sri.S.Sreekumar, learned Senior Counsel, submitted that as per Section 6(4) of the Kerala Professional Colleges or the Institutions (Prohibition of Capitation Fees, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006, Fees Regulatory Committee shall have the power to require each unaided professional college or institution to place before the committee the proposed fee structure of such college or institution with all relevant documents and books of accounts for scrutiny well in advance of the commencement of the academic year i.e., not later than 31[st] December of previous academic year. Therefore, the admissions done without approval was a lapse on the part of the College, the burden of heavy fees could not be fastened upon the students. ``` 2025:KER:27821 ``` ``` 13 ``` **==> picture [58 x 57] intentionally omitted <==** ## _`WP(C) NO. 12269 OF 2025`_ 5. The 5[th] respondent – college did not give any necessary information to fix the fees within the time allegedly fixed by the 3[rd] respondent. 3[rd] respondent ought to have considered that with increase in number of seats from 150 to 200, the expenses will come down. Reliance was also laid to the letter dated 26.04.2023 Ext.P14 of the National Medical Commission Medical Assessment & Rating Board (MARB) granting the permission to increase 50 seats ie., 150 to 200 seats. 6. It was also submitted that the order under challenge is in defiance of the doctrine akin to legitimate expectation under Indian Law as there has not been consistency and predictability in decision making process. The authorities have failed to adhere to the representation without providing adequate reasons, therefore, it violates the trust reposed by the citizen in the State. The judgment in **Sivanandan C.T. and Others** v. **High Court of Kerala** ``` 2025:KER:27821 ``` ``` WP(C) NO. 12269 OF 2025 ``` ``` 14 ``` **==> picture [58 x 57] intentionally omitted <==** **and Others** [(2024) 3 SCC 799] is also cited. 7. We have heard Sri.S.Sreekumar, learned Senior Counsel and of the view that there is no force and merit. 8. Emphatic reliance has also been laid to the notification issued by the Government as a consequence of the order of Fees Regulatory Committee fixing the fees to show that the fees structure of other Medical Colleges is far less than the one fixed by the impugned order. We are constrained to observe that the writ court cannot assume the role of an appellate authority under the realm of powers under Article 226 of the Constitution of India as it is in the domain of the competent authority i.e., Fee Regulatory Committee constituted under the orders of Supreme Court. The Fees Regulatory Committee has taken into consideration various parameters and aspects i.e., availability of infrastructure, teaching and non-teaching staff and ``` 2025:KER:27821 ``` ``` WP(C) NO. 12269 OF 2025 ``` ``` 15 ``` **==> picture [58 x 57] intentionally omitted <==** equipment, expenditure on administration and maintenance as per Section 11(e) of the Act, surplus required for growth and development of professional institutions, statement of tuition fee proposal for MBBS, statement of tuition fee computation, list of faculty members, academic program details, copy of trust deed, copy of audited financial statement of Medical College for the year 2023-2024, copy of audited financial statement of trust, copy of audit report in Form 10B for the financial year 2023-2024, copy of income tax return and total income computation statement for the assessment year 2024-2025, statement containing details of course wise, batch wise tuition fee and special fee provisional and audited, statement containing details of course wise, batch wise Hostel/mess fees, statement of expenditure, loan sanction letter, letter of permission from National Medical Commission, Affiliation order, Minimum Standard requirement etc.. The contention that increase of ``` 2025:KER:27821 ``` ``` WP(C) NO. 12269 OF 2025 ``` ``` 16 ``` **==> picture [58 x 57] intentionally omitted <==** number of seats would off-set the expenditure is neither here and there whereas extra number of students under the standard seats would also have to enjoy the same very facility as has been enjoyed by the other students. The order of Fee Regulatory Committee is based upon the Tuition Fee Calculation Table for 2024-2025 of the 5[th] respondent Annexure I, extracted hereinbelow: ## Annexure I |**TUITION FEE CALCULATION TABLE FOR 2024-25**|**TUITION FEE CALCULATION TABLE FOR 2024-25**|**TUITION FEE CALCULATION TABLE FOR 2024-25**|**TUITION FEE CALCULATION TABLE FOR 2024-25**| |---|---|---|---| |**P K DAS INSTITUTE OF MEDICAL SCIENCES**|||| |**SL.NO**|**PARTICULARS**<br>**(FACTORS**<br>**CONSIDERED)**|**PROPOSAL**<br>**SUBMITTED BY**<br>**COLLEGE**<br>**(RS.IN LAKHS)**|**FEE REGULATED BY**<br>**COMMITTEE**<br>**(RS. IN LAKHS)**| |1|EMPLOYEE BENEFITS -<br>CLINICAL & NON-CLINICAL<br>FACULTIES & NON-<br>TEACHING STAFFS|4695.23|4695.23| |2|ADMINISTRATIVE AND<br>OTHER EXPENSES|4012.64|3866.93| |3|FINANCE CHARGE-<br>INTEREST ON BANK LOAN|555|555| |4|DEPRECIATION|1356.66|1356.66| |5|TOTAL EXPENSES FOR THE|10619.53|10473.82| ``` 2025:KER:27821 ``` ``` 17 ``` **==> picture [58 x 57] intentionally omitted <==** ## _`WP(C) NO. 12269 OF 2025`_ ||YEAR(200 SEATS)|YEAR(200 SEATS)||| |---|---|---|---|---| |6|ADD:DEVELOPMENT<br>EXPENDITURE||225|-| |7|TOTAL REVENUE<br>EXPENSES||10844.53|10473.82| |8|LESS:INCOME<br>FROM EXISTING<br>STUDENTS|5653.49||| ||INCOME FROM<br>HOSPITAL|2205.93||| ||OTHER INCOME|776.34||| ||INTEREST<br>INCOME|11.92||| ||TOTAL INCOME TO<br>REDUCE||8647.68|8647.68| |9|RESOURCE GAP FOR ALL<br>SEATS||2196.85|1826.14| |10|LESS-NRI COST|||499.72| |11|RESOURCE GAP FOR 85%<br>SEATS|||1326.42| |12|ADD:FOR FUTURE<br>DEVELOPMENT INCLUDING<br>CPI@15% ON THE ABOVE|||198.96| |13|TOTAL RESOURCE GAP<br>FOR 85% SEATS|||1525.38| |10|TOTAL NUMBER STUDENTS||200|170| |11|COST PER STUDENT||10.98(10.56 AS<br>PER PROPOSAL)|8.97| |12|ADD:15% PF COST FOR<br>FUTURE DEVELOPMENT||1.58|-| |13|TOTAL COST PER STUDENT||12.14(12.15 AS<br>PER PROPOSAL)|-| |14|AVERAGE EXPENDITURE|||| ``` 2025:KER:27821 ``` ``` WP(C) NO. 12269 OF 2025 ``` ``` 18 ``` **==> picture [58 x 57] intentionally omitted <==** ||PER STUDENT FOR THE<br>ACADEMIC YEAR 2024-<br>2025|12.15|8.97| |---|---|---|---| |15|**TUITION FEE MBBS**<br>**MERIT (85% SEATS -**<br>**170 NOS) PER STUDENT**<br>**LIMITED TO:**|**10.75**|**8.97**| Based on Annexure I, had arrived at the decision with regard to the MBBS fees structure under Annexure-II extracted hereinbelow: ## **ANNEXURE II** |**EXURE II**|**EXURE II**|**EXURE II**|**EXURE II**| |---|---|---|---| |**P K DAS INSTITUTE OF MEDICAL SCIENCES**|||| |**MBBS FEE STRUCTURE FOR 2024-25, 2025-26 & 2026-27**|||| |**SL.NO**|**PARTICULARS**||**FIXED BY THE**<br>**COMMITTEE**| |1|TUITION FEE FOR 85% -<br>MERIT STUDENTS|ANNUAL|8,97,000| |2|TUITION FEE FOR 15% -<br>N.R.I STUDENTS|ANNUAL|2165720| |3|SPECIAL FEE FOR 1ST YEAR||110045| |4|SPECIAL FEE FOR<br>REMAINING YEARS|ANNUAL|40583| ``` 19 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:27821 ``` ## _`WP(C) NO. 12269 OF 2025`_ 9. The aforementioned chart reveals that the consumer price index, additional revenue expenses, over dependence on banks for loans and advances, consequent debt-servicing expenditure and capital investment to increase the admission capacity to 200 seats are the factors which led to the precarious situation of mounting deficits and therefore, while undertaking the exercise of regulating the fees, due regard had been to the mandate of law on the subject as per the provisions of Section 11(2) of the Act. Written Down Value of the investment in building and the road used by the college had also been one of the factors. All these factors if looked into cumulative, we are of the view that the findings of fact and law arrived at by the Fee Regulatory Committee manned by the expert committee is in consonance with the provisions of the Act referred to above and cannot be said to be unfair, unpredictable and against the doctrine of legitimate expectation as per the ``` 20 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:27821 ``` ``` WP(C) NO. 12269 OF 2025 ``` ratio deciendi culled out in the judgment cited supra. No ground for interference is made out. Writ petition stands dismissed. **Sd/-** **AMIT RAWAL JUDGE** **Sd/K. V. JAYAKUMAR JUDGE** nak ``` 2025:KER:27821 ``` **==> picture [58 x 57] intentionally omitted <==** ## _`WP(C) NO. 12269 OF 2025`_ ``` 21 ``` ## _`APPENDIX OF WP(C) 12269/2025`_ ``` PETITIONER EXHIBITS ``` - _`Exhibit P1 TRUE COPY OF DETAILS OF THE RANKS OBTAINED BY THE PETITIONERS IN THE NEET & KEAM 2024`_ - _`Exhibit P2 TRUE COPY OF NOTIFICATION DATED 29-82024 ISSUED BY THE 4TH RESPONDENT`_ - _`Exhibit P3 TRUE COPY OF FEE STRUCTURE FOR THE MBBS COURSE OF 5TH RESPONDENT P.K.DAS INSTITUTE OF MEDICAL SCIENCES`_ - _`Exhibit P4 TRUE COPY OF NOTIFICATION DATED 18-92024 ISSUED BY THE 4TH RESPONDENT`_ - _`Exhibit P5 TRUE COPY OF CIRCULAR ISSUED BY THE 5TH RESPONDENT ON 20-9-2024`_ - _`Exhibit P6 TRUE COPY OF GOVERNMENT ORDER, GO (MS.) NO: 240/2024/H&FWD DATED 25-9-2024`_ - _`Exhibit P7 TRUE COPY OF 2ND PHASE ALLOTMENT AS PER KEAM 2024 PUBLISHED BY THE 4TH RESPONDENT ON 27-09-2024`_ - _`Exhibit P8 TRUE COPY OF OPTION CONFIRMATION FOR 3RD PHASE ALLOTMENT TO MBBS COURSE PUBLISHED BY THE 4TH RESPONDENT ON 9- 10-2024`_ - _`Exhibit P9 TRUE COPY OF THE CIRCULAR DATED 17-22025 ISSUED BY THE 5TH RESPONDENT`_ ``` Exhibit P10TRUE COPY OF CIRCULAR DATED 28-2-2025 ISSUED BY THE 5TH RESPONDENT ``` ``` 2025:KER:27821 ``` ``` 22 ``` **==> picture [58 x 57] intentionally omitted <==** ## _`WP(C) NO. 12269 OF 2025`_ ``` Exhibit P11TRUE COPY OF REPRESENTATION DATED 24-2- 2025 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT ``` ``` Exhibit P12TRUE COPY OF ORDER OF THE 3RD RESPONDENT DATED 13-2-2025 ``` ``` Exhibit P13TRUE COPY OF OFFICE MEMORANDUM OF THE NMC DATED 3-2-2022 ``` ``` Exhibit P14TRUE COPY OF LETTER NO: NMC/UGI/2023- 2024/00001 DATED 26-4-2023 GAVE LETTER OF PERMISSION TO INCREASE 50 SEATS FROM 150 FOR THE ACADEMIC YEAR 2023-2024 ``` ``` EXHIBIT P11English Translation of Exhibit P11 ```