Najiya Neermunda vs. Kunhitharuvai Memorial Charitable Trust

Court 11 (Video Conferencing) SECTION XI-A ITEM NO.2

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Miscellaneous Application No. 788-798/2021 in C.A. No. $606 -$ 616/2021

(Arising out of impugned final judgment and order dated 25-02-2021 in C.A. No. No. 606/2021 25-02-2021 in C.A. No. No. 607/2021 25-02-2021 in C.A. No. No. 608/2021 25-02-2021 in C.A. No. No. 609/2021 25-02-2021 in C.A. No. No. 610/2021 25-02-2021 in C.A. No. No. 611/2021 25-02-2021 in C.A. No. No. 612/2021 25-02-2021 in C.A. No. No. 613/2021 25-02-2021 in C.A. No. No. 614/2021 25-02-2021 in C.A. No. No. 615/2021 25-02-2021 in C.A. No. No. 616/2021 passed by the Supreme Court Of India)

NAJIYA NEERMUNDA & ORS.

Petitioner(s)

VERSUS

KUNHITHARUVAI MEMORIAL CHARITABLE TRUST & ORS. Respondent(s) (IA No.63220/2021-EXTENSION OF TIME)

Date: 04-06-2021 These matters were called on for hearing today.

CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE M.R. SHAH

For Petitioner(s) Mr. G. Prakash, AOR Mr. Jishnu M.L., Adv. Ms. Priyanka Prakash, Adv. Ms. Beena Prakash, Adv.

Mr. C. K. Sasi, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following

0 R D F R

This Miscellaneous Application filed by the Admission and Fee Regulatory Committee for Medical Education is for extension of time by four months for fixation of fees of the MBBS Course for the pondent private medical colleges from the Academic year 2017- $\frac{16:37:38}{16:37:38}$ 2018 years in terms of the judgment and order dated 25-02-2021 passed by this Court in Civil Appeal Nos. 606-616 of 2021.

This Court inter alia directed the Committee to expeditiously reconsider the proposals of the private self-financing colleges for fee fixation from 2017-18 onwards. Needless to mention that fee for earlier years also needs to be finalized in case it has not been done in respect of any college. It can direct the managements to furnish any information that is required for the purpose of arriving at a decision that the fee proposed by the managements is neither excessive nor exploitative in nature. A reasonable opportunity should be given to the managements of private self financing colleges in respect of their proposals for fee fixation. The entire exercise shall be completed within a period of three months from today.

It is stated that the applicant-Admission and Fee Regulatory Committee has commenced the process of scrutiny of records pertaining to the medical colleges. The Medical Colleges have been asked to explain and/or clarify documents. However, many of the colleges have sought time as employees competent to explain and/or clarify documents have contracted Covid-19. Many of them are seriously ill.

Having regard to the circumstances pleaded, four months time as prayed for is granted to the applicant-Admission and Fee Regulatory Committee for Medical Education in Kerala for fixation of fees of the respondent private medical colleges for the MBBS Course from the academic year 2017-18 onwards.

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The Miscellaneous Application is disposed of accordingly.

(MANISH ISSRANI) (MATHEW ABRAHAM)

COURT MASTER(SH) COURT MASTER (NSH))