IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 5263-5265 OF 2023 (@ SPECIAL LEAVE PETITION NO(S). 2125-2127 OF 2022)

FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA APPELLANT(S)

VERSUS

THE MANAGER, BELIEVERS CHURCH MEDICAL COLLEGE HOSPITAL AND ANR. ETC. ETC. RESPONDENT(S)

WITH

CIVIL APPEAL NO(S). 5266-5267 OF 2023 (@ SPECIAL LEAVE PETITION NO(S). 3266-3267 OF 2022)

ORDER

1. Leave granted.

Digitally signed by Neetu Khajuria Date: 2023.08.23 17:21:37 IST Reason:

Signature Not Verified

2. The appeals are taken up for hearing.

3. The High Court by its impugned order, while considering the writ petition filed by the respondent challenging fee fixation for the respondents-Medical College, has issued the following directions which read as follows: -

"In the meanwhile, the State Government and the amicus curiae Adv. Sri. Anil Sebastian Pulickel, who we hereby appoint, shall explore the availability of experts under the categories enumerated below. The Government Pleader and the amicus curiae shall also consider names, if any, suggested by the learned counsel for the petitioner Colleges. The experts shall be under the following categories viz:

(i) A person specialised in the management of Medical Colleges with attached hospitals, in the private sector.

(ii) A statistician, who can give inputs with regard to the weightage to be accorded to the various factors that are statutorily required to be taken into consideration while regulating the fixation of fee by Medical Colleges.

(iii) A Cost Accountant, who can identify the various components that should go into the fixation of fee by Medical Colleges."

4. The Committee as constituted under Section 3A of the Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institution) Act, 2017 consists of the following: -

"1. A retired Judge of the High Court (Chairperson).

2. Secretary, Health and Family Welfare (Ex Officio).

3. A representative of Medical Council of India nominated by the Government.

4. One Chartered Accountant nominated by the Government.

5. An expert nominated by the Government in

consultation with the Chairperson."

5. When the Legislature, by enacting a provision has provided for constitution of a Committee consisting of experts and that too chaired by a retired Judge of the High Court, we see no reason as to why the High Court ought to have issued directions which, in fact, amount to substituting the constitution of the Committee as provided under the Act.

6. The Legislature in its own wisdom has found it necessary to appoint a Committee under the Chairmanship of a retired Judge of the High Court and consideration of other experts and, therefore, the directions issued by the High Court are not sustainable in law. 7. We, therefore, set aside the aforesaid directions and the matters are remitted back to the High Court for deciding the same in accordance with law. The appeals are, accordingly, allowed.

8. Taking into consideration that the matters are pending since long, the High Court is requested to decide the same as expeditiously as possible and in any case, within a period of six months from today.

..…………………………………………………..J. [B.R. GAVAI]

……………………………………………………..J. [PRASHANT KUMAR MISHRA]

3

NEW DELHI; AUGUST 18, 2023.

ITEM NO.60 COURT NO.4 SECTION XI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 2125-2127/2022

(Arising out of impugned final judgment and order dated 21-12-2021 in WPC No. 26981/2021 21-12-2021 in WPC No. 27019/2021 21-12-2021 in WPC No. 27022/2021 passed by the High Court Of Kerala At Ernakulam)

FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA Petitioner(s)

VERSUS

THE MANAGER, BELIEVERS CHURCH MEDICAL COLLEGE HOSPITAL AND ANR. ETC. ETC. Respondent(s)

([TO BE TAKEN UP AT TOP OF BOARD] IA No. 19830/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

WITH

SLP(C) No. 3266-3267/2022 (XI-A)

IA No. 26978/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 18-08-2023 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

For Petitioner(s) Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv.

Mr. Jaideep Gupta, Sr. Adv. Mr. C. K. Sasi, AOR Ms. Meena K Poulose, Adv.

• For Respondent(s) Mr. Romy Chacko, AOR Mr. Prashant Kumar, Adv. Mr. Sachin Singh Dalal, Adv. Mr. Robin V.s., Adv. Mr. Venkita Subramoniam T.r, AOR Mr. Lekhi Chand Bonsle, Adv.
  • Mr. Rahat Bansal, Adv.

Mr. James P. Thomas, AOR Mr. Ravi Sagar, Adv. Mrs. Rani C.j., Adv. Mrs. Rani S.j, Adv. Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv.

UPON hearing the counsel the Court made the following O R D E R

• 1. Leave granted.
• 2. The appeals are allowed in terms of the signed order.
• 3. Pending application(s), if any, shall stand disposed of.

(POOJA SHARMA) (ANJU KAPOOR) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)