‘If you can’t pay, get a scholarship’: Supreme Court rejects EWS student’s plea against private medical college fees

The Supreme Court on Wednesday dismissed a petition filed by an Economically Weaker Sections (EWS) candidate who questioned how the Rs 8 lakh annual income limit for EWS eligibility could be reconciled with the high fees charged by private medical schools.A bench of Justice BV Nagarathna and Justice Joymalya Bagchi upheld an order of the Rajasthan High Court which had held that the rate structure fixed by the State Rate Regulation Committee was legally valid.During the hearing, Justice Nagarathna said that private colleges cannot be expected to charge the same fees as government institutions.“You cannot say that private educational institutions charge the same as government institutions. This cannot be. A person can’t come and say private is exorbitant so make it like govt. They are self-financed institutes. For the government… they receive subsidies (subsidies) from the State. There is a vital difference,” he observed.Referring to earlier judgments of the Supreme Court, the judge added: “See TMA Pai. Capitation fee is prohibited… but that does not mean general university fees cannot be charged.”The Court has also highlighted the role played by private institutions in medical education. “The assistance of private medical colleges in the State in the field of medical education will then stop… We need doctors,” Justice Nagarathna said.On concerns about affordability, she commented, “If you can’t afford it… get a scholarship… grant…”.The petitioner had argued that the annual tuition fees in private medical schools in Rajasthan range from Rs 18.9 lakh to Rs 25 lakh. According to him, candidates from families earning up to Rs 8 lakh a year cannot realistically afford such an education, making the EWS quota ineffective in practice.However, the Rajasthan High Court had earlier rejected this argument. He pointed out that the fee structure was fixed by the State Fee Regulation Committee in accordance with the Supreme Court judgment in Islamic Education Academy v. State of Karnataka.The High Court also held that the EWS reservation applies only at the admission stage and does not entitle students to subsidized or reduced fees in private universities. He further observed that there is no law that compels private institutions to provide fee concessions to EWS students.Refusing to interfere with this judgment, the court said, “We find no reason to interfere with the order of the High Court. Dismissed. The question of law, if any, remains open.”