Madras HC Fines MCI And State Government For PG Medical Admission Issue
The Madras High Court yesterday imposed a fine of Rs. 1 crore each on the Tamil Nadu government and the MCI for failing to secure 50 per cent of the PG medical seats from private colleges against state quota. Justice N Kirubakaran said the fine is an "exemplary cost" to make the authorities follow the law especially in discharge of their public functions. The judge said that any negligence in following the law may result in hampering admission of many meritorious students and their constitutional right to education. The Judge also gave detailed instructions to the state government to secure 50 per cent of PG medical seats for state quota in each specialty from private colleges and deemed universities except minority institutes.
As per PTI reports, the judge also directed that the admission to these seats will be on the basis of centralized common counseling conducted by the state on the basis of National Eligibility cum Entrance Test (NEET) merit list.
In a 135-page order which passed in response to two petitions, the judge has also set aside the admissions which are made against the NRI quota. The judge directed the concerned institutes to surrender all their seats including the 15 per cent eats reserved under NRI quota for the centralized common counseling procedure.
Dr. M Kamaraj and other petitioners had sought court's direction to the authorities about securing 50 per cent seats in the PG degree and diploma courses from private medical colleges and the admission process.
Criticizing the efforts of MCI, the judge said that ever since the year 2000 when the regulation for seat sharing was formed, the body had not made any attempts to implement it. The judge said that it was clear that it was an attempt to help the private institutes. The court has ordered MCI to pay One Crore fine to the Spastics Society of Tamil Nadu which is an institute for differently-abled people.
The judge said that simply framing regulations was not enough and it was MCI's duty to see that the regulation framed by the approval of Central government was fully implemented.
Highlighting the role of state government the judge said that the interest of the state, especially that of deserving students had been affected due to the inaction of the state government in securing the proposed 50 per cent seats.
The judge said, "There is a wanton failure on the part of the successive state governments in this regard." He also said that the elected governments are expected to act in the interest of the public which they have not done clearly.
The state government has been directed to pay Rs. One Crore to the Archaeological Survey of India toward their ongoing excavation in Keezhadi village in Sivaganga district where there have been findings related to an ancient civilization dating back to the 2nd century BC.
The judge also made it clear that it was not compulsory for minority institutes to share 50 per cent seats.
He also rejected as invalid the state government's prospectus for common counseling to PG Degree and Diploma courses in medical in deemed universities for the 2017-18 session for not including the 50 per cent state quota seats.
The court has also ordered that the admission authority should publish the number of specialty seats available and complete fee structure on their official website. MCI and the state government have been directed to notify all decisions and procedures related to admission in advance from next year to avoid any confusion and litigation. The matter has been posted to June 12 to report compliance toward submission of the fine imposed.
(With Inputs from PTI)