The Supreme Court on Wednesday dismissed a plea filed by an Economically Weaker Sections (EWS) candidate who questioned how the annual income limit of Rs 8 lakh for EWS eligibility could be reconciled with the high fees charged by private medical colleges.A Bench of Justice BV Nagarathna and Justice Joymalya Bagchi upheld an order of the Rajasthan High Court which had found the fee structure fixed by the State Tax Regulatory Committee to be 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 have to charge the same as government institutions. That can’t be. A person cannot come and say that the private is exorbitant, so do it like the government. These are self-financing institutes. For those of the government… they receive subsidies (subsidies) from the State. There is a vital difference,” he observed.Referring to the Supreme Court’s earlier decision, the judge added: “Please see TMA Pai. Capitation fee is prohibited…but this does not mean that general university fees cannot be taken.”The Court also emphasized the role played by private institutions in medical education. “The assistance of private medical colleges to the State in the field of medical education will stop then… We need doctors,” Justice Nagarathna said.On affordability concerns, he remarked: “If you can’t afford it… get a scholarship… grants…”The petitioner had argued that the annual tuition fees in private medical collegesships between Rs 18.9 lakh and Rs 25 lakh are the annual tuition fees in Rajasthan. 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 noted that the fee structure was fixed by the State Fee Regulatory Committee in accordance with the decision of the Supreme Court in Islamic Academy of Education 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 colleges. He also observed that there is no law that requires private institutions to offer fee concessions to EWS students.Refusing to interfere with that decision, the court said: “We find no reason to interfere with the order of the High Court. Dismissed. Question of law, if any, is kept open.”
