Section 3 in Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006
3. Regulation of admission, fixation of fee and madding of reservation.
(1)The State Government may regulate admission, fix fee and make reservation for different categories in admissions to Private Medical Educational Institutions.(2)The State Government shall ensure that the admission under all the categories in an institution is done in a fair and transparent manner;(3)The State Government, may constitute an Admission and Fee Committee, (hereinafter referred to as the 'Committee')' consisting of such members as may be specified by the State Government, by notification, to recommend the mode of admission, making of reservation, allocation of seats and fixation of fees etc. to the State Government.(4)The State Government, shall oversee the working of Admission and Fee Committee.(5)The terms and conditions of the Committee constituted under subsection (3) and its members shall be specified, by the State Government, by notification from time to time.(6)If the State Government is satisfied that the institution affiliated to the Himachal Pradesh University, has contravened any provision of this Act, it may recommend to the Himachal Pradesh University for withdrawal of recognition or affiliation of such institution.(7)The State Government, shall take appropriate action wherever deemed necessary, with regard to improvement in the system in the system of making admissions in the institutions, charging of fee by the institutions and on any other matter, which may be necessary to facilitate smooth running of the system and to remove grievances.[In Maharishi Markandeshwar Medical College and Hospital v State of Himachal Pradesh, The contention here is regarding the setting up of a private university within Himachal Pradesh and the requirements needed for it. Whether it is mandatory for all the private medical institutions set up in the State to take affiliation from the Himachal Pradesh University. The Supreme Court struck down Sections 3(6), 3(6a) and 3(6b) of the Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act 2006, inserted in 2015. The court said it was irrational, unreasonable, ultra vires and unconstitutional. University would be bound and obliged to comply with even an onerous stipulation, which is unconstitutional and hit by Article 14 and 19(1)(g) of the Constitution and impinging upon its autonomy guaranteed under the 2010 Act. (https://indiankanoon.org/doc/148522234/)]
