The Supreme Court refused to interfere with a Rajasthan High Court judgment that upheld the fee structure of private medical colleges in the State and clarified that reservation for Economically Weaker Sections (EWS) applies only at the stage of admission.
A Bench comprising Justice B.V. Nagarathna and Justice Joymalya Bagchi dismissed a petition filed by an EWS candidate who argued that the high tuition fees charged by private medical colleges made the reservation benefit practically inaccessible for students from economically weaker backgrounds.
Background of the Case
The petitioner, a 22-year-old NEET-UG candidate from Rajasthan, belonged to the general category and possessed a valid EWS certificate. He contended that private medical colleges in Rajasthan charge annual tuition fees ranging from approximately ₹18.9 lakh to ₹25 lakh.
According to him, the fee structure defeated the purpose of EWS reservation because candidates eligible under the ₹8 lakh annual income ceiling could not realistically afford such education. He sought directions for affordable fee fixation and also relied on a National Medical Commission (NMC) memorandum recommending that fees for certain seats in private medical colleges be aligned with government college fees.
His challenge was rejected by both a Single Judge and a Division Bench of the Rajasthan High Court, prompting him to approach the Supreme Court.
Court’s Observations
During the hearing, the Bench emphasized the distinction between government-funded institutions and private self-financing colleges.
Justice Nagarathna observed,
“You cannot say private educational institutions shall charge the same as government institution. That cannot be.”
The Court noted that government colleges receive financial support from the State, whereas private institutions operate on a self-financing model. Referring to established legal principles governing private educational institutions, the judge said,
“Capitation fee is banned, but that does not mean general college fees cannot be taken.”
The Bench also expressed concern that forcing private colleges to charge government-level fees could adversely affect medical education infrastructure.
“Assistance of private medical colleges to the State in the field of medical education will stop then. We need doctors,”
Justice Nagarathna remarked.
When concerns were raised about affordability, the Court pointed out that students unable to bear such expenses may explore scholarships, financial assistance schemes, or secure admission in government institutions.
High Court View Endorsed
The Rajasthan High Court had held that the fee structure was fixed by the State Fee Regulatory Committee in accordance with legal principles laid down by the Supreme Court in earlier decisions.
It further observed that EWS reservation, introduced through the 103rd Constitutional Amendment, provides benefits at the admission stage but does not create a legal right to reduced or differential fees in private medical colleges unless a specific statutory provision mandates such concessions.
The High Court had also found that the mere existence of high fees could not be treated as a denial of reservation.
Decision
After hearing the parties, the Supreme Court declined to interfere with the Rajasthan High Court’s ruling.
Dismissing the petition, the Bench stated,
“We don't find reason to intervene with the High Court order. Dismissed. Question of law, if any, is kept open.”
With this, the Court upheld the validity of the existing fee structure and left the broader legal questions open for consideration in an appropriate case.
Case Details:
Case Title: Harshvardhan Singh v. State of Rajasthan & Ors.
Case Number: SLP (C) No. 21751/2026
Judge: Justice B.V. Nagarathna and Justice Joymalya Bagchi
Decision Date: June 24, 2026


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