TaxTMI 
TaxTMI 
2022 (5) TMI 1466
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.... Gautam Narayan, AOR, Mr. Manoj Ranjan Sinha, Adv., Mr. Aaditya, Adv., Ms. Rachana Ranjan, Adv., Mr. Nishant Shokeen, Adv., Mr. Rameshwar Prasad Goyal, AOR, Mr. Shekhar Kumar, AOR, Mr. Rajesh Kumar, AOR, M/S. Lawyer S Knit & Co, AOR, Mr. P. S. Sudheer, AOR, Ms. Anne Mathew, Adv., Mr. Bharat Sood, Adv., Ms. Shruti Jose, Adv., Mr. P. N. Puri, AOR, Mr. Senthil Jagadeesan, AOR, Mr. Apoorva Bhumesh, AOR, Mr. V. N. Raghupathy, AOR, Ms. G. Indira, AOR, Mr. Ashok Kumar Singh, AOR, M/S. Arputham Aruna And Co, AOR, Mr. Ranjan Mukherjee, AOR, Mr. Shailesh Madiyal, AOR, Mr. Sudhanshu Prakash, Adv., Ms. Neha Jain, Adv., Mr. Vaibhav Sabharwal, Adv., Mr. Rajan Parmar, Adv., Mr. Prateek Samajpati, Adv., Mr. Anand Sanjay M. Nuli, Adv., Mr. Dharm Singh, Adv., Mr. Nanda Kumar, Adv., Mr. Suraj Kaushik, Adv., Mr. Agam Sharma, Adv., Nandiny Pandey, Adv., M/S. Nuli & Nuli, AOR, Mr. Rajesh Mahale, AOR, Mr. Amith J., Adv., Mr. G. Umapathy, Sr. Adv., Mr. Rohit K. Singh, AOR, Ms. Pavitra Bala Krishnan, Adv., Mr. Suvin Kumaran, Adv., Mr. Jose Abraham, AOR, Mr. H. Chandra Sekhar, AOR, Mr. Gaurav Sharma, AOR, Mr. Raghvendra Kumar, Adv., Mr. Anand Kumar Dubey, Adv., Mr. Nishant Verma, Adv., Mr. Rajiv Kumar Sinha....
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....ice of charging capitation fee, Shri Salman Khurshid, learned senior counsel was appointed as Amicus Curiae to make a detailed analysis of the problem and suggest an appropriate mechanism by which the charging of capitation fee can be stalled. A direction was given to the States of Karnataka, Tamil Nadu, Andhra Pradesh and Maharashtra to furnish required information to the learned Amicus Curiae, especially regarding complaints received, action taken report and any other data available on the aspect of levying capitation fee. Shri. Mohit Kumar Shah, Advocate-on-Record was requested to assist the learned Amicus Curiae and was directed to create a website wherein email address and postal address could be furnished exclusively to gather more information from the public at large who were/are directly affected and who have relevant information relating to the collection of capitation fee. The State Governments were requested to assist the Advocate-on- Record for creation of the website and email address and get them published in the local newspapers, both vernacular and English. The learned Amicus Curiae was directed to place on record, a report based on the information gathered from pub....
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....ective compliance of the directions that were already given by this Court on 06.08.2014. 5. Notice was issued to the National Informatic Centre ('NIC') on 28.04.2022 for facilitating the creation of website. On the same day, notice was also issued to Ministry of Electronics and Information Technology and the State of Telangana was also directed to be the impleaded as a party-respondent. These appeals were directed to be listed on 04.05.2022 on which day submissions of the learned Amicus Curiae, learned counsel appearing for the State Governments and private medical colleges were heard. The learned Amicus Curiae was directed to take note of the submissions made by the learned counsel for curbing the illegal practice of charging capitation fee and submit a note along with the suggestions. The learned Amicus Curiae has compiled all the suggestions made by the counsel appearing for medical colleges and State Governments and also given his comments. 6. Before we proceed to deal with the suggestions made for effectively stopping the practice of charging capitation fee by medical colleges, it is necessary to refer to how this Court has previously dealt with the evil practice of charging....
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....s Court observed that it cannot shut its eyes to the hard realities of commercialization of education and evil practices being adopted by many institutions to earn large amounts. This Court was of the opinion that the method of admission has to be regulated so that the admissions are based on merit and transparency if the charging of capitation fee and profiteering has to be kept in check. 9. In spite of the State Governments enacting legislations prohibiting the practice of charging capitation fee and making it an offence, the stark reality which cannot be ignored is that capitation fee being charged for admission to medical colleges is prevalent even today. For the present, by this Order, we are only concerned with the suggestions that are made by the learned Amicus Curiae for curbing the menace of capitation fee, after taking note of the suggestions and comments of learned counsel appearing for the States, medical colleges and National Medical Council for the issuance of appropriate directions. 10. Pursuant to orders dated 6.08.2014 and 20.04.2022, Shri Hargurvarinder S. Jaggi, Officer on Special Duty in the Supreme Court of India, has been nominated for rendering assistance t....
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...., suitable action shall be taken against the private medical colleges. We are in agreement with the suggestions made by the learned Amicus Curiae. 12. Another point made by the learned counsel relates to fee that is charged by the private medical colleges in the guise of additional charges such as establishment fee, room rents/hostel fee, mess fee, bus fee, library fee, laboratory fee, internet charges, special posting fee etc. It was suggested that the Fee Fixation Committees in the State should fix a price band for different expenses and the colleges should be directed not to charge any amount from students in addition to the prices that are fixed by the Fee Fixation Committee. We see force in the submission made by the learned counsel on this behalf. The Fee Fixation Committees have to fix the fee without leaving any scope for the managements of private medical colleges to charge any additional fee which is not part of fee fixed by the Committees. We make it clear that the Fee Fixation Committees have to take into account all components of fee proposed to be charged by the Management while determining the fee to be paid by the students. For this purpose, assistance can be sough....