The Supreme Court dismissed an EWS candidate’s plea challenging the Rs 8 lakh income limit amid high private medical college fees. Addressing affordability concerns, the Bench remarked that students unable to pay may seek scholarships, fee subvention, or financial assistance.
The Supreme Court dismissed a plea by an Economically Weaker Sections (EWS) candidate who challenged the compatibility of the Rs 8 lakh annual income limit for EWS eligibility with the high tuition fees charged by private medical colleges.
A Bench of Justice BV Nagarathna and Justice Joymalya Bagchi upheld a Rajasthan High Court decision that had ruled the fee structure fixed by the State Fee Regulatory Committee as legally valid.
During the hearing, Justice Nagarathna said private colleges cannot be expected to match the fees charged by government institutions.
She observed,
“You cannot say private educational institutions shall charge the same as government institution. That cannot be. One person cannot come and say that private is exorbitant, so make it like government. These are self-financing institutes. For government ones…they get grant (subsidies) from the State. There is a vital difference,”
Referring to earlier Supreme Court rulings, she further stated,
“Please see TMA Pai. Capitation fee is banned…but that does not mean general college fees cannot be taken.”
The Court also highlighted the importance of private institutions in medical education.
Justice Nagarathna said,
“Assistance of private medical colleges to the State in the field of medical education will stop then…We need doctors,”
Responding to concerns over affordability, she added,
“If you are unable to pay…get scholarship…subvention…”
The petitioner had argued that private medical colleges in Rajasthan charge annual tuition fees ranging from Rs 18.9 lakh to Rs 25 lakh, and that candidates from families earning up to Rs 8 lakh per year would be unable to realistically afford such costs making the EWS quota ineffective in practice.
However, the Rajasthan High Court rejected this contention. It noted that the fee structure was fixed by the State Fee Regulatory Committee in accordance with the Supreme Court’s ruling in Islamic Academy of Education v. State of Karnataka.
The High Court also held that EWS reservation operates only at the admission stage and does not entitle students to subsidised or reduced fees in private colleges.
It further observed that no law requires private institutions to offer fee concessions to EWS students.
Concluding, the Supreme Court refused to interfere with the High Court order, stating,
“We don’t find reason to intervene with the High Court order. Dismissed. Question of law, if any, is kept open.”
Economically Weaker Sections (EWS) is a category in India that provides 10% reservation in education and government jobs for persons who belong to the general category and are economically disadvantaged.
The EWS reservation was introduced through the 103rd Constitutional Amendment Act, 2019, which inserted Articles 15(6) and 16(6) into the Constitution.