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LHC declares arbitrary fees by private medical colleges illegal

The Lahore High Court has declared illegal the collection of arbitrary fees by private medical colleges. Justice Khalid Ishaq held that the PMDC has the authority to set the maximum fee.

LHC declares arbitrary fees by private medical colleges illegal
Photo: Janak Bhatta / Wikimedia Commons, CC BY-SA 4.0
KEY POINTS
  • Justice Khalid Ishaq of the Lahore High Court declared arbitrary fee collection illegal.
  • The court upheld the PMDC's authority to cap private medical college fees.
  • Students' refund or adjustment claims must be settled within 30 working days.
12Petitions by students accepted
3Petitions by colleges dismissed
30 working daysTime to settle refund claims
More than Rs841,000Refund per student, University of Faisalabad college

The Lahore High Court has declared illegal the collection of arbitrary fees from students by private medical colleges. Justice Khalid Ishaq issued the ruling in a written verdict, according to Daily Pakistan and Nawa-i-Waqt.

The court held that the authority to set the maximum fee for private medical colleges rests with the Pakistan Medical and Dental Council (PMDC). Private medical colleges must follow PMDC rules when fixing and collecting fees.

The court dismissed three petitions filed by private medical colleges and accepted 12 petitions filed by students. It also upheld the three PMDC notifications on fees.

The verdict says colleges must give PMDC a justification for any fee increase, along with audited financial statements. The court held that the colleges' business freedom does not override the council's regulatory authority over fees.

The court said the fee cap is not against the constitution and that medical education cannot be treated merely as a business. It also observed that the colleges had earlier approached the council themselves, so objecting to the fee limit now is not valid.

The court ordered that students' claims for refund or adjustment of excess fees be settled within 30 working days, and colleges must act on those claims. Students cannot be retaliated against for raising fee complaints, and a violation may lead to contempt of court proceedings.

On refunds, the court ordered the medical college of the University of Faisalabad to return more than Rs841,000 to each student. FMH College Lahore must refund more than Rs741,000 to each student.

Background

khabr.pk reported on 8 November that the Lahore High Court had directed two private medical and dental colleges to adjust or refund excess tuition fees within 30 working days from October 30. That order also upheld the PMDC's authority to regulate and cap tuition fees.

Why it matters for Pakistan

Families paying for private medical education across Punjab are directly affected by the ruling. Students at the two named colleges are in line for refunds of more than Rs841,000 and more than Rs741,000 each. Other students can now press claims for refund or adjustment of excess fees, and the court barred retaliation against those who complain. Colleges must justify fee increases to the PMDC with audited financial statements.

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Lahore High CourtMedical collegesPMDC

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