Supreme Court Rules EWS Reservation Does Not Guarantee Fee Concession in Private Colleges

Kaustav Chowdhury
4 hours ago
3 min read

On June 24, 2026, the Supreme Court of India dismissed a plea that challenged the fee structure of private medical colleges in Rajasthan, ruling that Economically Weaker Sections (EWS) reservation operates only at the point of admission and does not create any right to concessional fees in private institutions. The Bench of Justices BV Nagarathna and Joymalya Bagchi upheld the Rajasthan High Court's ruling that the fee structure fixed by the State Fee Regulatory Committee was legally valid.

Facts of the Case

The petitioner, Harshvardhan Singh, contended that it was arbitrary to fix tuition fees in private medical colleges in Rajasthan at Rs 25 lakhs per annum when the EWS income ceiling is Rs 8 lakhs per annum. The argument was that candidates who qualify under the EWS criterion cannot afford the fees charged by self-financing private institutions, rendering the reservation ineffective in practice.

The plea essentially asked the Court to direct private medical colleges to charge EWS students at rates comparable to government colleges, or alternatively, to mandate scholarship or fee waiver mechanisms. The petitioner argued that Articles 14 (right to equality) and 21 (right to life and dignity) of the Constitution required the State to ensure that EWS reservation was substantively, not merely formally, accessible.

Supreme Court's Reasoning

Justice BV Nagarathna stated clearly: "You cannot say private educational institutions shall charge the same as government institutions." The Bench noted that private medical colleges are self-financing institutions that depend on tuition fees to cover infrastructure, faculty, and operational costs. Imposing government-level fees on them would undermine their financial viability and could lead to closures, ultimately reducing the number of available medical seats.

The Court further observed that EWS students who cannot afford private college fees have two alternative paths: avail government college seats, where fees are significantly lower, or seek scholarships and subventions offered by state and central governments. Justice Nagarathna suggested that the petitioner explore scholarship opportunities rather than challenging the fee structure itself. (Related: How to Apply for Free Legal Aid in India)

Constitutional Context: The 103rd Amendment

The EWS reservation was introduced by the 103rd Constitutional Amendment Act, 2019, which inserted Articles 15(6) and 16(6) into the Constitution, providing for 10 per cent reservation in educational institutions and public employment for economically weaker sections. In Janhit Abhiyan v. Union of India (2022), the Supreme Court upheld the validity of this amendment by a 3:2 majority. However, the amendment and the subsequent reservation policy do not address the question of fee affordability in private institutions. (See also: OBC Creamy Layer: Supreme Court Rules Parental Income Alone Cannot Determine Exclusion)

Fee Regulation Under Private University Acts

Fee regulation in private medical and professional colleges is governed by state-specific legislations and fee regulatory committees. In Rajasthan, the Fee Fixation Committee determines the permissible fee range for private colleges. The Supreme Court's ruling in T.M.A. Pai Foundation v. State of Karnataka (2002) established that private unaided institutions have the autonomy to fix their own fees, subject to a reasonable surplus for development. The Court's June 2026 ruling is consistent with this principle.

Implications for EWS Students

The ruling clarifies an important gap in the EWS reservation framework. While the constitutional amendment guarantees seats, it does not guarantee affordability in private institutions. This means that EWS students may need to rely on government scholarship schemes such as the Central Sector Scheme of Scholarships or state-level fee reimbursement programmes to bridge the affordability gap. The Rajasthan government, for instance, offers fee waivers for EWS students in certain categories. (See: How to Get an EWS Certificate in India)

The decision also has broader relevance for ongoing debates about the accessibility of professional education in India. Medical education, in particular, has seen significant cost escalation, with private college fees ranging from Rs 10 lakh to Rs 75 lakh per annum depending on the state and institution. The ruling reinforces the principle that fee regulation and reservation are distinct policy instruments and that the latter does not automatically entail the former. (Related: PIL Cannot Be Vehicle for Selective Challenges: Supreme Court)