The Supreme Court on Wednesday refused to entertain the plea of a medical student from the Economic Weaker Section (EWS) category seeking reduction in his tuition fees at a private medical college in Rajasthan, citing his socio-economic background. The petitioner said that he was allotted a general seat despite applying under the EWS category and the availability of such seats in other colleges.
“One cannot say that fees in a private college should be equal to fees in government colleges… We need doctors in the country. If you are unable to pay, take a scholarship or any financial relief scheme,” a bench of Justices B V Nagaratna and Joymalia Bagchi said.
The petitioner, Harshvardhan Singh, said that he was allotted a seat under the general category in November 2025, with an annual tuition fee of $18.9 lakh.
$8 lakh is the maximum annual income of EWS category under which 10% quota is provided in public jobs and educational institutions.
Singh said he was arbitrarily allotted a seat under the general category. He sought a reduction in his fees or an amount similar to the government medical college fees. The Rajasthan High Court dismissed Singh’s petition on May 5.
The Council explained that private colleges are self-financing institutions, while public colleges are funded by the state. She referred to the Supreme Court’s landmark ruling in the TMA Pai (2002) case, which barred private colleges from charging per capita fees. “Under the TMA Pai decision, per capita fees are prohibited, but this does not mean that self-financing institutions cannot afford public college fees.”
Advocate Rishabh Sancheti, representing Singh, informed the bench that the National Medical Commission (NMC) had issued an office memorandum recommending that the fees for 50% seats in private medical colleges should be equal to those of government medical colleges. This is followed in other states like Maharashtra and West Bengal, but not in Rajasthan, he added.
Sancheti said the Supreme Court held that the NMC order is not mandatory but merely a recommendation. He added that private medical colleges charge between… $18 lakh and $25 lakh annually in Rajasthan. “It cannot be that high. This amounts to discrimination on two grounds. Candidates who scored lower than the petitioner were allotted seats under the EWS category… The petitioner, despite belonging to the EWS category, was treated at par with general category candidates… creating an unsustainable financial barrier to medical education.”
Those who will pay, the bench said. “The Supreme Court has issued an order. We see no reason to interfere in the same.”
Sancheti noted that a similar case is still pending before the Supreme Court, even as the court kept the question of law open while dismissing the appeal.
The Supreme Court said there was no violation of law in the fees charged by the private college to Singh, as they were approved by the Rajasthan Fees Regulatory Commission.
