CHARUTAR AROGYA MANDAL versus STATE OF GUJRAT & ANR.

Citation: [2010] 12 S.C.R. 916 · Decided: 15-09-2010 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Disposed off

Judgment (excerpt)

A 
B 
(2010] 12 S.C.R. 916 
CHARUTAR AROGYA MANDAL 
V. 
STATE OF GUJARAT & ANR. 
(Civil Appeal No. 8077 of 2010) 
SEPTEMBER 15, 2010 
[R.V. RAVEENDRAN AND H.L. GOKHALE, JJ.] 
GUJARAT PROFESSIONL MEDICAL EDUCATIONAL 
COURSES 
(REGULATION 
OF 
ADMISSION AND 
C PAYMENT OF FEES) RULES, 2009: 
Medical Admissions - Admission to MBBS Course -
Management quota - Rules providing to fill up all 10% 
management seats by Consortium - College filing a writ 
0 
petition with a prayer that it be allowed to fill up the 
management seats under a charitable scheme fat 
economically disadvantaged students for a token annual fee 
of Rs. 50001- - Refusal by High Court to consider the 
petitioner's case on merits, and direction to the petitioner to 
follow the procedure laid down under the Act and the rules -
E 
Held: The entire object of constituting committees for 
regulating the admission procedures and determining the fee 
structure in regard to unaided colleges is to ensure that they 
do not indulge in profiteering or capitation fee - If any college, 
out of charitable or philanthropic motive, wants to extend a 
F 
helping hand to economicaliy weaker sections of the student 
community by providing a scheme for free admission to the 
ten per cent management quota seats, there is no need for 
the Fee Regulatory Committee to determine and fix the 'fees' 
chargeable by the college for such free management seats 
G - Nor will it be necessary for such a college (which wants to 
admit economically backward students without any fee or a 
token fee) to be a part of consortium of unaided colleges which 
want to charge fees - The provisions of the Act and the Rules 
are intended to prevent profiteering or charging capitation fee, 
H 
916 
CHARUTAR AROGYA MANDAL v. STATE OF 
917 
GUJARAT & ANR. 
and not to prevent or discourage any charitable effort by any 
A 
college to encourage or provide free education for 
economically weaker section - The High Court ought to have 
considered the request of the college on merits, with reference 
to the provisions of the Act and the Rules, especially as the 
issue will arise every year and may arise with reference to 
B 
other colleges also - Order of the High Court is set aside and 
the matter remanded to it for consideration and expeditious 
disposal of the writ petition on merits, in the light of the 
observations made in the instant order -
Insofar as the 
admissions for academic year 2010-2011 for the c 
management seats are concerned, the petitioner college is 
permitted to follow the same procedure as it adopted for 2008-
2009 to make admissions subject to the change in regard to 
Clause (3) in the AgreemenUBond referred to in the instant 
order - Gujarat Professional Medical Educational Colleges 
0 
or Institutions (Regulation of Admission and Fixation of Fees) 
Act, 2007 - s. 10. 
TMA Pai Foundation v. State of Karnataka 2002 (3) 
Suppl. SCR 587 = 2002(8) SCC 481,. Islamic Academy of 
Education v. State of Karnataka 2003 (2) Suppl. SCR 474 
E 
=2003(6) SCC 697, P.A. lnamdar v. State of Maharashtra 
2005 (2) Suppl. SCR 603 = 2005 (6) SCC 537 - referred 
to. 
Case Law Reference: 
2002 (3) Suppl. SCR 587 
referred to 
para 8 
2003 (2) Suppl. SCR474 
referred to 
para 8 
2005 (2) Suppl. SCR603 
referred to 
para 8 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
8077 of 2003. 
From the Judgment & Order dated 09.08.2010 of the High 
Court of Gujarat at Ahmadabad in Special Civil Application No. 
F 
G 
7570 of 2009. 
H 
918 
SUPREME COURT REPORTS 
[201 OJ 12 S.C.R. 
A 
D.V. Vishwanathan, Dhval Dave, Nikhil Goel, Naveen Goel, 
A. Venayagam Balan for the Appellant 
Shyam Divan, Hemantika Wahi, Jesal, Gaurav Goel, 
Garima, Parshad for the Respondents. 
B 
The Judgment of the Court was delivered by 
R.V.RAVEENDRAN, J. 1. Leave granted. Heard. 
2. The appellant Society runs Pramukh Swami Medical 
College in the State of Gujarat, which is an unaided college with 
C a sanctioned intake of 100 students for MBBS Course. As per 
the provisions of the Gujarat Professional Medical Educational 
Colleges or Institutions (Regulation of Admission and Fixation 
of Fees) Act, 2007 ('Act' for short), 75% of the sanctioned seats 
in unaided colleges are 'Government Seats' and remaining 
D 25% are 'management seats'. The 25% management quota 
has two components -15% earmarked as NRI seats and 10% 
as management seats. In this appeal, we are concerned with 
the filling of the ten percent management seats. The Act 
requires th

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