Jahanvi Agarwal
In a writ suit filed by the management of the Andhra Pradesh Private Medical and Dental Colleges challenging the fee structure, the Andhra Pradesh High Court took inflation into account and increased the proposed cost for the current academic year 2023–2024 by 10% from the previous year.
The writ petitions are filed to challenge the Andhra Pradesh Higher Education and Regulatory Commission’s announcement dated 30.06.2022, which fixed the fee for professional institutions in the State of AP.
The Petitioners argue that in determining the fees, the Respondent did not take certain categories into account for the inclusion of institution-related expenses.
However, according to the Government Pleaders for Higher Education, Medical, Health, and Family Welfare, any delay or interference in the proposed counseling for the MBBS (UG) course as a result of the notification may jeopardize the Academic Year and the availability of seats for the State’s students.
In addition to this, the costs for the current academic year 2023-2024 are not finalised, and the rates for the previous academic year 2022-2023 will be taken into consideration provisionally. Once the entire process is complete, the fees set by the Regulatory Commission will be the final fees.
The petitioners, however, contend that the fee already set for the academic year 2022-2023 should be increased at a minimum rate of percentage by accounting for inflation. They proposed a 15% increase over the fee for the previous academic year 2022-2023 that would be tentatively taken into consideration for the current academic year 2023-2024.
The Court observed that:
“This Court is of the considered view that the factor of inflation is an admitted factor by the Government as well as other public/financial institutions, the enhancement of fee at the reasonable rate is mandatory due to increase in price raise and expenditure.”
In light of the aforementioned, the Court increased the existing charge for the academic year 2022-2023 by 10% for the current academic year 2023-2024. The Respondent was instructed to announce the increased charge for the current academic year 2023-2024 at a rate of 10% as a provisional price until the final fee was fixed in accordance with the AP Higher Education Regulatory and Monitoring Commission Act, 2019, and the Rules thereunder.
Case Name: Andhra Pradesh Private Medical and Dental Colleges Managements V. Andhra Pradesh Higher Education Regulatory and Monitoring Commission