“Though the present petition is an abuse of process of the court and an exemplary cost of Rs 1 lakh has to be imposed on the petitioner, considering the fact that the petitioner is a student, this court is not imposing any cost” said the court
Chennai: The Madras High Court has dismissed a petition filed by a 3rd year MBBS girl student that challenged the tuition fee of Rs 3 lakh for the academic year 2017-2018. According to the court sympathy shown unduly to the petitioner by the court has been taken advantage of by the petitioner, who had moved court without any justification, an action which needed to be ‘deprecated and condemned’.
According to the court, after having earlier got a seat under government quota in a private medical college, the medico had migrated to Coimbatore Medical College from Karpaga Vinayaka Institute of Medical Sciences and Research Centre, Kancheepuram. This had been made possible by orders passed by this court, which were primarily based on sympathy.
Ramya, who did her first-year course in KVIMSRC in 2014 and, filed a petition seeking migration, was granted one, by a single judge bench as there were two seats available in Coimbatore Medical College and Stanley Medical College. The petitioner was then as per court directive, accommodated in the college where she continued to pursue her medical degree.It was in the third year when a sum of Rs 3 lakh was demanded towards tuition fee that she decided to challenge the same, by filing a petition.
The court in its conditional transfer order has stated that she pay fees fixed by the fee committee for the remaining years. The impugned order has been passed, based on the transfer order, stating that the admission into a private medical college under government quota, cannot be challenged at any point of time, till the course is over, the judge added.
The judge said, “this court regrets the sympathy shown to the petitioner, which is being taken advantage of by the petitioner unjustifiably. The petition is nothing but abuse of process of law, contrary to the conditional migration order passed by the government in her favour. Therefore, the petition is dismissed. Though, the present petition is an abuse of process of the court and an exemplary cost of Rs 1 lakh has to be imposed on the petitioner, considering the fact that the petitioner is a student, this court is not imposing any cost” reported the Deccan Herald.