Fees fixation issue for mbbs BDs Dr V. Venkatesan Advocate madras high court — [: NMC – Office memorandum The erst while MCI – Medical Council of India Act has been renamed as NMC – National Medical Commission Act.

 

Dr V. Venkatesan
Advocate madras high court —
[: NMC – Office memorandum

The erst while MCI – Medical Council of India Act has been renamed as NMC – National Medical Commission Act.

Under section 10 (1) i of NMC act it can frame guidelines for determination of fees and other charges in respect to 50% of fees in private medical institutions and deemed to be universities

On 03-02-2022 an office memorandum has been circulated by NMC with guidelines. Stating 50% seats in the private medical colleges and deemed university should be at par with the Government medical colleges of particular state& UT.

On the above background the office memorandum has given the guidelines.

In my opinion the Points for discussion and decision in the future might be:-

a)NMC guidelines on an deemed to be university which is a making under section 3 of the UGC Act might be subjected to challenge .

b)The Government medical colleges are incurring huge cost per medical student per year (several lakhs) which is subsidised by the Government. Where as in the the Deemed to be university there is no funding for the students either from state or central Government.

c) In AIIMS the central Government (is spending several lakhs per student per year) (which was also debated in parliament) where as charging very minimal fee from student

d) It is only a guideline by NMC as of now and need to ascertain whether it will a have binding effect. The section 10(1) i of NMC Act itself might be tested.

e) The infrastructure facilities , equipment’s, staffs, teaching, non teaching, location, ranking, quality, standards, financial implications etc has a huge impact

f)Already there are cases pending in connection to fixing of medical fee in the SupremeCourt.

g) From students and public perspective it will have a good impact.

The question would be who will be the funding agency?

Apart from the above there can be new points evolving from either side in case if it is challenged.

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