In a significant judgment, the Madras High Court has ruled against the collection of break fees from MBBS students by deemed universities in the name of extra classes to take supplementary exams for arrears.

The ruling was given by Justice G K Ilanthiraiyan recently on a batch of petitions filed by the aggrieved students of the Chettinad Academy of Research and Education (CARE), a deemed-to-be university, against “forcible collection of break fees in the name of extra classes and withholding their certificates”.

The judge stated that no regulation has been imposed by the UGC and the NMC (National Medical Commission) regarding extra classes, and therefore, no student can be compelled to attend and pay tuition and other fees. “It is clear that the CARE university itself issued the circular for special coaching sessions. No regulation mandates supplementary classes or special classes for supplementary examinations,” the judge said in the order.

He observed that CARE University, in its own capacity, had compelled the students to attend special coaching sessions to write their supplementary examination and had also arbitrarily sought fees for the same.

Noting that the prospectus for the course was silent on special classes and resultant fees, but only the handbook issued after admission mentions them, he held that the handbook and the circulars of the university are against the regulations issued by the NMC.

The judge ordered the CARE university not to charge break fees in any form and refund the deposit made by the petitioners with 6% interest per annum, and release all the educational certificates of the students within two weeks.

“The state government, UGC and National Medical Commission are directed to implement the fee structure fixed by the fee fixation committee to all deemed-to-be universities, including the CARE university,” he said in the order.

Stating that education must not be perceived merely as a commercial venture undertaken for profit, the judge said it must remain a noble service to society that carries with it a profound moral and constitutional responsibility, and the pursuit of profit-making will become counter-productive to the large purpose it seeks to serve.

Senior counsel T Gowthaman, assisted by R Swarnavel, appeared for the petitioners. The petitioners joined the MBBS course under the management quota in 2014-15. They passed all the examinations at the end of the course despite having arrears papers, for which they did not undergo any special classes.

After their internship started, the university issued a demand notice for Rs 2 lakh per arrear exam, along with Rs 35,000 exam fee. Challenging this demand notice, they filed the petitions.