"Get A Scholarship": Supreme Court Tells EWS Student Who Challenged Private Medical College Fees

The Supreme Court today dismissed a plea filed by a candidate belonging to the Economically Weaker Section challenging the private medical colleges' fees and seeking that they be at par with government colleges' fees.

Harshvardhan Singh, the petitioner contended that it was arbitrary to fix tuition fees in private medical colleges in Rajasthan at Rs 25 lakhs when the EWS income limit is Rs 8 lakhs per annum.

To this a bench of Justices BV Nagarathna and Joymalya Bagchi said, "You cannot say private educational institutions shall charge same as government institution. That cannot be. These are self-financing institutes. For govt ones...they get grant from the state. There is a vital difference. Assistance of private medical colleges to the state in the field of medical education will stop then... We need doctors. If you are unable to pay.. get scholarship.."

During the hearing, Justice Nagarathna remarked that putting the fee structure of government and private medical colleges at parity risked closure of private medical colleges. "What does TMA Pai say? Self financing institutions means what? Capitation fee is banned. But that doesn't mean you have to take it as per govt college rate", she added.

"Otherwise...all these private institutions...their assistance to the State in the matter of medical education will become nil. They will all close down and diversify. We need doctors in this country", the judge further told the petitioner.

When the counsel submitted that the petitioner is unable to pay and therefore has moved the court, the judge remarked, "That is different. Get a scholarship or get into a government college...".

The petitioner, a 22-year-old candidate from Rajasthan, had appeared in NEET-UG 2025. He belonged to the general category and held a valid EWS certificate. In two counselling rounds, he did not opt for private medical colleges due to their high fee structure and in the third round of counselling, he secured an interim order from the Rajasthan High Court for participating under the EWS category and submitted preferences for 73 colleges.

The counselling board allotted him a general seat in a private medical college. Aggrieved, the petitioner claimed before the High Court that the allotment was arbitrary, especially as EWS seats remained vacant in a college of his preference. He also assailed the fact that EWS candidates were being charged the same high tuition fees as general category candidates.

A Single Bench of the High Court had rejected his writ petition. Subsequently, a Division Bench dismissed his appeal, noting that EWS reservation operates only at the point of admission and does not, in the absence of an enforceable statutory provision or binding directive, create any right to concessional fees in private medical colleges.

Case Title: HARSHVARDHAN SINGH v. STATE OF RAJASTHAN AND ORS.,

Bench: Justices Nagarathna and Bagchi

Hearing Date: June 24, 2026