What will happen about admissions this year?
As per the Supreme Court directives, the following are almost certain . There will be two phases of NEET for MBBS/ BDS. One has already been completed on 1st May 2016 and the other will be held on 24 th July 2016. All admissions to be completed by September. The Supreme Court clarified on 6th May 2016 that those who attempted the first phase ( AIPMT) on May 1st cannot attempt the 2nd phase. The Supreme Court also clarified on 5 th May that private institutions cannot conduct their own entrance tests. With regard to State Government Entrance tests, the Court is yet to give a ruling.
My take: it is a good beginning. The state government admissions, if permitted, is also acceptable since there was insufficient time. The stricture on private entrance test is a great boon for merit students and a very bad blow to those institutions, particularly DeemedUniversities that conducted fake tests, and believed that the party was for ever!!!
I personally think it is unfair to not permit those who attempted in the first phase ( AIPMT) to not have a second try. It is unfortunate but not as bad as things were before. Those who attempted first time were serious students who prepared. Those who did not are unlikely to score much anyway. That is consolation for the former!!!
2. What about PG admissions?
For this year there will be no change in PG admissions as per the Supreme Court. Those already admitted in private and Deemed Universities after paying huge capitations may have escaped by the skin of their teeth. The NEET will be imposed from next year.
My take: hundreds if not thousands of merit students have been disenfranchised by the system, hopefully for the last time. In many institutions crores of rupees were paid, seats booked and fake exams held. Hopefully it will not happen again.
3. How will private institutions survive financially and make profits if the new policy is implemented?
Private institutions are not expected to make money. The Supreme Court has issued a clear directive in several cases that There can be no profiteering from higher education including medical education. They can levy a reasonable tuition fee based on actual expenses to be supervised by a High Court appointed Retired Judge and a chartered accountant to audit the expenses and income. Here is the relevant portion of the judgment
"The fee structure for each institute must be fixed keeping in mind the infrastructure and facilities available, the investments made, salaries paid to the teachers and staff, future plans for expansion and/or betterment of the institution etc. Of course there can be no profiteering and capitation fees cannot be charged. It thus needs to be emphasized that as per the majority judgment imparting of education is essentially charitable in nature. Thus the surplus/profit that can be generated must be only for the benefit/use of that educational institution. Profits/surplus cannot be diverted for any other use or purpose and cannot be used for personal gain or for any other business or enterprise." And also
"we direct that in order to give effect to the judgment in TMA PAI's case the respective State Governments concerned authority shall set up, in each State, a committee headed by a retired High Court judge who shall be nominated by the Chief Justice of that State. The other member, who shall be nominated by the Judge, should be a Chartered Accountant of repute..." Islamic Academy Of Education And ... vs State Of Karnataka And Others on 14 August, 2003
Author: V N Khare
Bench: V. N. Cji, S. N. Variava, K. G. Balakrishnan, Arijit Pasayat, S.B. SinhA. CASE NO.:Writ Petition (civil) 350 of 1993
My take: private medical institutions run a multi multi crore business with support from politicians of every hue and enormous financial resources. They have been thumbing their noses at the judiciary, NGO's and most importantly to the people of India. The bench headed by Justice Anil Dave will put them in their places. Nobody asked these private institutions to run medical or dental colleges as business! If they wanted to make money there were so many avenues. They do not have to play with the quality of medical care and put the public at risk by admitting sub standard students. I must mention that there are several good private institutions that have served the profession well! They will not feel the pinch of this order as they have fulfilled a need by starting and running colleges without profiteering. The others who made business out of it will need to re think and still find a way to contribute! I only hope that it is not once again upstaged by money power and politics!!!!
4. How will the government ensure that there is no 'exploitation' by the private institutions by taking capitation fee from the super rich and refuse deserving students?
The Supreme Court has ruled that the institutions must publicise their tuition fee ( endorsed by the committee mentioned above). If a merit student through NEET wishes to join at the stated fee, he/ she can apply with full knowledge of the fees quoted by the institution. If the candidate is bypassed by a person with a lower rank ( who probably paid under the table), the rank holder who is denied the seat can approach the government and punitive measures can be instituted against the principal/ admission officer.
This is reflected in a tabled star question in the Rajya Sabha by a member Vijay Jawaharlal Darda ( no 1092) on 3 rd May 2016 "c) how Government proposes to stop prevalence of capitation fee in private medical colleges in flagrant violation of the law and the details thereof?"
The answer by the Honourable Minister JP Nadha was
| c): In case of Government medical colleges, the respective State Governments are responsible for fixation of fees. However, in the case of private unaided medical colleges, the fee structure is decided by the Committee set up by the respective State Government under the Chairmanship of a retired High Court Judge in pursuance of the directions of the Hon’ble Supreme Court of India. It is for the Committee to decide whether the fee proposed by an Institute is justified and the fee fixed by the Committee is binding on the Institute. |
To quote a leading article on this issue
The bench characterised capitation fee as “nothing but a price for selling education” which amounts to commercialisation of education adversely affecting educational standards, characterising such institutions charging capitation fee as “teaching shops”. “The concept of teaching shops is contrary to the constitutional scheme and is wholly abhorrent to the Indian culture and heritage.”
Thus, the notion which was first observed in Mohini Jain’s case, was upheld in the Unikrishnan’s case, in Father Thomas Shingare and others v. State of Maharashtra and others, the Pai foundation case, Islamic Academy of Education, Modern School v. Union of India, P.A. Inamdar and finally in Modern Dental College & Research Centre v. State of M.P in the following words:
“Capitation fee is prohibited, both to the State Government as well as the private institutions, vide Para 140 of Inamdar case….”
My Take: capitation fee is illegal. It has been taken in flagrant violation and it has been exposed by the media several times, but no action has been taken. The fees have to be announced in advance as decided by the Committee referred to earlier, so that students can decide whether they can afford the fee. The fee is invariably never advertised and students who claim admission are often harassed at the time of admission, during the course and at times of examination. There has to be a clear announcement of tuition fees as submitted by the Institution to the designated Supreme Court mandated committee based on fee fixation. This is never done and it is up to the state governments/ UGC/ HRD Ministry to ensure that it is followed at the pain of punitive action. The state/ central government can show intent of justice for merit only if they take action against erring institutions!
5. What is a reasonable fee quoted by the private college?
The fee for a medical dental admission is decided by the fee fixing committee based on the information submitted on the salaries of staff, patients treated and other expenses. No profit can be made by the management. A 10-15% extra fee per year to be used only for expansion is allowed. This needs to be reported through an auditor who calculates the actual expenses. The relevant Supreme Court paras are quoted above.
My Take: Deemed Universities and private medical colleges are supposed to be run only by private charitable trusts. These trusts appropriate money received by black money and distribute it amongst relatives, friends and even employees who have amassed great wealth despite the funds being held in Trust! Salaries to staff are often not paid on time while children of these trustees drive fancy cars and invest in real estate. Only a complete investigation can reveal where this money running into several thousand unaccounted crores was sourced and the necessary action taken against them through the CBI or other investigating agencies. Some of these are even going overseas!
“Capitation fee is prohibited, both to the State Government as well as the private institutions, vide Para 140 of Inamdar case….”
My Take: capitation fee is illegal. It has been taken in flagrant violation and it has been exposed by the media several times, but no action has been taken. The fees have to be announced in advance as decided by the Committee referred to earlier, so that students can decide whether they can afford the fee. The fee is invariably never advertised and students who claim admission are often harassed at the time of admission, during the course and at times of examination. There has to be a clear announcement of tuition fees as submitted by the Institution to the designated Supreme Court mandated committee based on fee fixation. This is never done and it is up to the state governments/ UGC/ HRD Ministry to ensure that it is followed at the pain of punitive action. The state/ central government can show intent of justice for merit only if they take action against erring institutions!
5. What is a reasonable fee quoted by the private college?
The fee for a medical dental admission is decided by the fee fixing committee based on the information submitted on the salaries of staff, patients treated and other expenses. No profit can be made by the management. A 10-15% extra fee per year to be used only for expansion is allowed. This needs to be reported through an auditor who calculates the actual expenses. The relevant Supreme Court paras are quoted above.
My Take: Deemed Universities and private medical colleges are supposed to be run only by private charitable trusts. These trusts appropriate money received by black money and distribute it amongst relatives, friends and even employees who have amassed great wealth despite the funds being held in Trust! Salaries to staff are often not paid on time while children of these trustees drive fancy cars and invest in real estate. Only a complete investigation can reveal where this money running into several thousand unaccounted crores was sourced and the necessary action taken against them through the CBI or other investigating agencies. Some of these are even going overseas!
6. I have paid advance capitation fee on the promise of a seat. What do I do?
Go back to the institution and take back your money if you can! It was illegal to give money or for the institution to accept it in the first place. Prepare and write the NEET on July 24 th and book a deserved place in a Medical/ Dental College of your choice. By paying money you are depriving another merit student of a seat. http://timesofindia.indiatimes.com/city/chennai/University-official-caught-asking-capitation-fee-let-off-hook/articleshow/38447520.cms .
It has happened several times!
My Take: being anti national is not related to chanting slogans alone. It comes from paying black money in cash for getting admissions which are against the laws of the land. It is a crime against a fellow Indian. Take a deep breath and allow merit to take its course. If there is a fee to be paid for private education, you must know what it is and take a decision accordingly. It is wrong to get an admission by paying more illegally to gain advantage over a more deserving person. It is not only morally wrong but it is also anti national!
I wish to state that there will be hiccups in the process. There are problems of language, syllabus etc. some may argue that everything was done in a haste. But this has been in the pipeline for several years. Prevaricating on a decision now will only give those who want to make a business proposition out of medical admissions will get another opportunity to hijack the whole process through a legal or legislative process. The opportunity to have a single window is, now! The small glitches can be sorted out by states improving their syllabus and trying to get as many regional languages as possible included in the entrance tests! Any postponement will only give academic businessmen a foot in the door to continue to make money selling medical seats. This is not good for the meritorious students and the public. Act now or never!
