The Kerala High Court quashed G.O.(RT.)NO.2636/2013/H&FWD DATED 

20.07.2013 and declared that the State Government has no power to 

fix the fee structure in respect of the para- medical 

courses conducted by the self- financing institutions save to the 

limited extent of ensuring that they are not exploitative in 

nature and that no capitation fee is charged. 

It is further declared that any restriction, by the State 

Government, on the autonomy of the self- financing institutions 

in the matter of conduct of para-medical courses in the State, 

shall be effected only through enacted law of the State legislature and not through executive 

orders.

A division bench, comprising K.M. JOSEPH AND A.K. JAYASANKARAN NAMBIAR also held that 

"in the absence of any material justifying a departure from the fee structure fixed by the 

expert committee constituted by the State Government for para-medical courses in the State for 

the academic year 2013-14, the said fee structure shall govern the collection of fees by 

the self- financing institutions for the said academic year and the current academic year."