Collecting annual fees from students for the following year before the previous year’s studies have not been completed by the institution will amounts to “issuing”, the Kerala High Court has held and detained private medical colleges in the state to collect costs for every academic.
Years besides being taught.
The High Court, however, explained that the instructions to operate only in distinctive situations caused by Covid-19 pandemic when instructions provided for a certain year in medical colleges cannot be completed at the time determined because of the virus outbreak.
Judge AK Jayasanan Nambiar and Mohammed Nias CP said conceptually the cost is remuneration for the services provided and if collected for the coming period, it will be a payment for services that have not been provided and in such situations, ‘Educational institutions will then be sorted by studying ” .
“Covid pandemic without doubt brings unusual or extraordinary situations full of financial implications.
However, the tremendous situation, not only affects educational institutions but also the students of their investors and guardians.
Safe! You have managed to throw your voteogin to see the results “We feel they will not be virtuous in part of the private medical education institution concerned to demand the determined costs, very difficult to face students,” Bench said.
The observation and direction of the court came to several petitions transferred by medical students, acknowledging the MBBS 2019-2020 course in various personal medical colleges, taking into account the demand for the cost in connection with the third year when they were still pursuing their second year which could not be resolved in the time determined because of a pandemic.
Students have argued by demanding costs in connection with different years than requested instructions, educational institutions concerned effectively collecting previously determined costs and this is not permitted.
Educational institutions, on the other hand, confirmed the request by debating that it was the third calendar year since the students admitted and, therefore, they entitled to collect annual fees determined for the third year.
The High Court noted that as a result of the key handed down by the state government in the midst of a global covid pandemic, “there was an inevitable disorder in the course of the study and therefore, while the months in the calendar year were passed, there was no simultaneous progress in the instruction month which was academic year “.
“This leads to a situation where the applicant (students) are called to send fees for the third year of their courses when they effectively pursue the second year of their course,” he added.
Referring to various legal provisions and Supreme Court decisions at the Islamic Education Academy and others.
Karnataka and other cases, the High Court said it was a view that “it will be entirely unfair and unfair to allow institutional education related to this petition to collect the determined annual fees in connection with the saving academic year that the instructions are currently being given “.
In the case of the Islamic Academy, the APEX court has held that the institution will charge only one year in accordance with the rules and will not impose a fee for the entire course, the High Court notes.
The APEX court also observed that if for certain reasons, costs have been collected for a longer period, the amount collected must be stored in a permanent deposit in a nationalized bank where there is no loan or down payment so that interest.
Sustainable on it may depend on the interests of the students, said the High Court.
“Therefore, it is clear that educational institutions are not justified in collecting any amount of costs for a longer period of time than the academic year concerned.
In collecting the cost of the third year, while students pursue the second year, they will do that, they will do it, “Bench said.
That, after that, directed – “We, therefore, allow this petition by directing them among the respondent’s private medical institutions, where the applicants in this paper petition are studying, to refrain from demanding or collecting academic costs from them in connection with whatever academic year apart from the one where the instructions are currently submitted
“We clarify that the direction issued in this assessment is to operate only in the situation of the peculiarities that have been discharged by the covid pandemic.”
Kerala HC held the PVT Medical College of the charging fee next year before
