Shimla June 9
The Himachal Pradesh Private Educational Institutions Regulatory Commission (HPPERC) has passed a landmark order to nip the rigging, of charging of exorbitant fees by private Universities and Medical institutions. A 17 paged order passed by the Chairman of HPPERC said that Maharishi Markandeshwar University and its affiliated Markandeshwar Medical College and hospital Kummarhati in Solan district of Himachal Pradesh had charged an excess fee to the tune of Rs.1,03,965,3000 (103.96 Cr) from around 100 students who were enrolled in MBBS courses during 2012 to 2020 periods. The order came to light as the Commission took cognizance of two separate complaints filed by passed out MBBS students here today. After going through the records, the Commission noted that respondents No. 1 and 2 had charged an excess amount of Rs. 6.05.500/- from Dr. Nividita and Rs. 8,95,500 / – from Dr. Yamini, total around Rs. 15,01,000 /.
Besides, the institution was allegedly found to be indulged in extortion of money from the students in the name of tuition fees, hostel fees, university charges and development charges etc. Therefore, invoking section 11 of H.P. Private Educational Institutions (Regulatory Commission) Act, 2010 and rule 6 (b) of the Commission, a Rs 45.00 lakh penalty was imposed on the respondent for charging excess fee from students. The regulatory body exercising its legitimate power ordered the respondents to deposit the penalty amount within three months in the bank account of HPPERC from the issuance of this order.
Pertinent to mention that the university cum medical College has also remained in thick controversy over similar intimidation in the past.
How did commission arrive 103.96 Cr excessive amount
The Commission deliberated this order not only based on the complaints but also observed from the documents on record that the respondent No : 1 and 2 had charged the excess fee from the other MBBS students as well, which was approximately amounting to Rs 1,03,965,3000/-. Taking note of it, the Commission also provided significant relief to such students as they may also approach the college now for a refund of the excess amount of fees charged. “Third order shall come into force with immediate effect,” stated the commission order.
It is worthwhile to mention that matter was examined by the Chairman, Major General Atul Kaushik and member Dr Shashi Kant Sharma. However, it was passed by the Chairman of the Commission only, as the other member decided to rescue it for personal reasons.
” The respondent No. 1 & 2 has contended during the court proceedings that they are entitled to charge fee for five years for MBBS course and thus it is a fact that they have charged fee for five years from the students instead of four and half years,” noted the Commission.
“The respondent university has charged the fee for MBBS courses beyond four and a half years without the approval of any competent authorities. Also, it could not produce any relevant documents that entitle or approve them to take the fee for five years.
The Commission also noted that the respondent university had charged total semester fees from students in lieu of supplementary examination charges. “It has come on record that they have charged the fee from the complainants for six and half years instead of four and half years as was approved by the competent authority,” they stated.
The competent authority must approve the contents of the prospectus and ordinance of the MMU. Without approval of the authority, the same cannot have legal sanctity. The respondent could not prove that they have approved their regulation by the government, for charging an extra fee for the supplementary examination. The respondent could not prove that the complainants attended extra classes for appearing in their supplementary examination and could not prove that the complainants availed the facilities of the hostel and could not place an attendance report after their tenure, of course, was completed, the order said.
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