MMU & MC&H collects Rs 103. 96 Cr excess charges from MBBS students
Slaps with Rs 45 Lac fine , University have to refund excess fee
A month after unfolding of Ukraine 22,000 plus students crisis in the country Himachal Pradesh Private Educational Institutions Regulatory Commission passed a landmark order nipping the reign of Private Educational and medical institutions from buds in the country charging exorbitant fees and charges from MBBS students leading to brain drain.
A 17 paged order passed by the Chairman of HPPERC copy of which is with us said that Maharishi Markandeshwar University and its affiliated Markandeshwar Medical College and hospital Kummerhati in Solan district of Himachal Pradesh charged excess fee tunes to Rs.1,03,965,3000 from batch of around 1200 students who were enrolled in MBBS courses during 2012 to 2020 periods. The Commission taking cognizance of two separate Complaints filled by two passed out students of MBBS from university or the medical College Case passed this order here today. The Commission after going through the records found and proved that the respondent No. 1 and 2 have charged excess amount of Rs. 6.05.500/- from Dr. Nividita and Rs. 8,95,500 / – from Dr. Yamini which amounts to Rs. 15,01,000 /. University cum medical College remained in thick controversy over similar intimidation in the past was found indulged in by Commission extortion of money from the students in the name of tuition fee , hostel fee , University charges and development charges etc invoking section 11 of H.P. Private Educational Institutions ( Regulatory Commission) Act, 2010 and rule 6 (b) of the Commission, Rs 45.00 lakhs penalty is imposed on the respondent for charging excess fee from the complaints. The Regulatory body exercising its legitimate power on the violators ordered the respondents to deposit the penalty amounts within three months in the bank account of HPPERC from issuance of this orders . University and medical institution was also held guilty by the commission not on accounts of Complaint but Further , it was observed from the documents on record that the respondent No : 1 and 2 has also charged excess amount of fee from the other MBBS students as well , which is approximately amounting to Rs.1,03,965,3000 / .The Commission also provided major relief to such students as it said that others students may approach the college for the refunding of excess amount of fees taken from them . The respondent No. 1 & 2 shall also refund the excess amount charged from the students of MBBS immediately. This order shall come into force with immediate effect. It is worthwhile to mention that matter was examined by the Chairman Major General Atul Kaushik and member Dr Shashi Kant Sharma However it ordered was passed by the Chairman of Commission however the other member decided to recused from order showing his personal reasons. The respondent No. 1 & 2 has contended during the court proceedings that they are entitled to charge fee for five years for MBBS course from the students and thus it is an established fact that they have charged fee for five years from the students instead of four and half years. The Commission said that excess of amount of fee and other charges charged by the respondent No. 1 & 2 from all the students enrolled from 2012 to 2020 is calculated excess of tune to Rs. 1,03,96,53,000 /- approximately. The respondent University has charged the fee for MBBS course from the complainants beyond the period for four and half year without the approval of any competent authorities and could not produce the any relevant documents which entitled or approved them to take fee for five year from the MBBS students.
The respondent University has also charged the full semester examination fee in lieu of supplementary examination fee for appearing in their supplementary examination, it has come on record that they have charged fee from the complainants for six and half years instead of four and half year as was approved by the competent authority. The contents of the prospectus and ordinance of the MMU must be approved by the competent authority. Without approval of the authority, the same cannot have the legal sanctity. The respondent could not prove that they have got approved their ordinance form the govt. for charging extra fee for supplementary examination.
The respondent could not prove that the complainants attended extra classes for appearing in their supplementary examination and also could not prove that the complainants availed the facilities of hostel and could not place attendance report after their tenure of course was completed, order said.
