Supreme Court Directs MBBS Graduates to Deposit College Fee Arears to Get Original Documents

On September 09, 2024 (Monday), the Supreme Court (SC) of India was hearing a petition filed by medical students against the withholding of original documents by a medical college in Uttarakhand for non-payment of arrears of fees. The bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra passed an interim order directing the Shri Guru Ram Rai Institute of Medical and Health Sciences College at Dehradun in Uttarakhand to release the original documents upon the payment of Rs. 7.5 lacs by students who completed their MBBS course and internship. In this case, the petitioners challenged the rise in the fees (5 lac per student to 13.22 lacs for All India Quota, and 4 lacs to 9.78 Lacs for State Quota per annum.) by the College for MBBS Course. This decision was applied retrospectively in 2018 which means the same would apply to the 2018 batch of students.

The 91 students challenged the August 06 Uttarakhand High Court's decision that directed the students to pay arrears of around 30 lacs to get their original documents. These 91 students have already completed their MBBS course and 1 year internship. During the proceedings, the counsel appearing for the petitioners argued that without original documents the students would not be able to apply to NEET-PG counseling or commence their careers in hospitals. The counsel said, “Without original documents, the doctors are forced to sit idle at home. They can neither participate in counseling of NEET-PG nor start their practice in a hospital.” On the other hand, the counsel appearing for the College contended that releasing original documents of the students without securing arrears posed challenges in managing financial accounts as some students failed to completely deposit the College fees after receiving documents. 

After hearing the matter, the SC bench said, “Since the petitions are admitted in the High Court, in the meantime, it is common ground that the petitioners have paid an amount of Rs. 34 lacs (All India Quota) Rs.__ Lacs (State Quota) ....at this stage, bearing in mind the above amount paid, we are of the view that an interim order be passed so as to enable the students to obtain their testimonials to pursue their post-graduate studies and practice medicine. We accordingly issue the following directions- conditions upon the petitioners (1) depositing Rs 7.5 lacs each with the 2/3rd respondents over and above the amounts which are already deposited; (2) petitioners shall be entitled to a return of their testimonials submitted at the time of obtaining admission, subject to the condition that petitioners shall file an undertaking in to pay the balance, in the event that that they are called upon to do so in conclusion of the final disposal of the pending writ petition.”