LHC orders two private medical colleges to refund excess fees
The Lahore High Court has directed two private medical and dental colleges to adjust or refund excess tuition fees within 30 working days from October 30. It upheld the PM&DC's authority to regulate and cap tuition fees.
- LHC told two private colleges to adjust or refund excess tuition fees within 30 working days from October 30
- Justice Khalid Ishaq dismissed three petitions by private institutions and allowed 12 petitions by students and guardians
- Court upheld PM&DC's statutory power to regulate and cap tuition fees
The Lahore High Court has directed two private medical and dental colleges to give effect to students' claims for adjustment or refund of excess tuition fees within 30 working days from October 30, The Express Tribune reported.
The court ordered the institutions to implement the fee limits prescribed by the Pakistan Medical and Dental Council (PM&DC), in line with the regulator's notifications and the court's findings. Nawa-i-Waqt also reported the ruling.
Justice Khalid Ishaq dismissed three petitions by private medical institutions that challenged the PM&DC's fee regulations. He allowed 12 connected petitions filed by students and their guardians seeking enforcement of the prescribed limits.
The court upheld the council's statutory authority to regulate and cap tuition fees and held that private medical colleges have no unrestricted right to set them. It said this authority derives from Sections 9 and 20 of the PM&DC Act, 2022, read with Section 47, and not from subordinate regulations alone.
It held that submitting financial statements and proposed fee structures under Section 20(8) is not a mere formality, and that the council can examine the financial justifications and approve, modify or reject proposed fee structures. The regulator must also take legitimate institutional costs into account when setting limits.
The court rejected the argument that fee regulation violates the right to conduct business under Article 18, holding that the right is subject to reasonable restrictions. It also rejected the argument of discrimination under Article 25. It noted that the two petitioners had taken part in the fee-determination process and sought fee increases, so they could not later challenge the regulator's authority.
The court referred to the sixth meeting of the Fee Justification Committee on February 18 and to PAMI's withdrawal of its petition before the Islamabad High Court on February 4. The audited accounts of University Medical and Dental College, Faisalabad recorded 2025 income of Rs5.099 billion and a profit of Rs378.659 million. Committee minutes recorded that it was liable to refund Rs841,317 per student.
In the judgment, the court said: "The relevant interest here is the integrity and continuity of regulated medical education, including protection against unjustified financial demands, while ensuring the resources necessary to maintain educational standards," (Lahore High Court judgment).
Why it matters for Pakistan
Students and guardians at private medical and dental colleges are directly affected, since the ruling backs PM&DC fee limits and refunds of excess tuition. The court's reasoning that private colleges cannot set fees without restriction applies to the regulator's fee rules generally. In the Faisalabad college's case, the committee recorded a refund liability of Rs841,317 per student.
