Education regulator’s order imposing Rs 45 lakh fine on Maharishi Markandeshwar University stayed

Legal Correspondent

Shimla, July 23

The High Court yesterday stayed the operation of the order passed by the HP Private Educational Institutions Regulatory Commission (HPPEIRC) imposing a penalty of Rs 45 lakh on Maharishi Markandeshwar University (MMU) and its affiliated Markandeshwar Medical College at Kumarhatti in Solan for charging excess fee from its two former medical students.

While passing this interim order, a Division Bench of Chief Justice AA Sayed and Justice Jyotsna Rewal Dua issued notice to the HPPEIRC and the Director Higher Education and directed them to file their replies within four weeks.

The court passed the order on a petition filed by the MMU, challenging the order of the HPPEIRC on the ground that the order is beyond its jurisdiction and against the statutory provisions regarding fee fixation in the state.

In its order passed on June 9, 2022, the HPPEIRC took cognizance of two complaints filed by two former medical students alleging that the MMU had charged excess fee from them. It had found that the university and its medical colleges had charged an excess amount of Rs 6,05,500 from Dr Nividita and Rs 8,95,500 from Dr Yamini.

The HPPEIRC observed that the records placed before it revealed that more than 1,100 students, who had passed out and had studied between 2012 and 2020, were charged excess fee. It ordered that in this regard students may approach the college for the refund of excess fee charged from them. The MMU would also refund the excess amount charged from MBBS students immediately.

The MMU has sought quashing of the order on the ground that the same is unsustainable in the eyes of law for the lack of quorum, as it was passed by the commission chairman only while as per the provisions of the HPPEIRC Act, the commission shall consist of the Chairperson and a member.

Notice to HPPEIRC

A Division Bench of Chief Justice AA Sayed and Justice Jyotsna Rewal Dua issued notice to the HPPEIRC and the Director Higher Education and directed them to file their replies within four weeks.

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