CHENNAI: A single judge of the Madras high court on Thursday said the Supreme Court, which had laid down a strict schedule for MBBS admissions, allowed high courts to breach it several times. As a result, no one knows where people and courts stand vis-a-vis admission schedules for medical education, Justice V Ramasubramanian said on Wednesday.
"It appears that the Supreme Court repeatedly fixed time schedules and warned statutory authorities not to violate the time schedule. But, quite a few orders passed by various courts beyond the time schedule were also upheld by the Supreme Court. Therefore, no one knows what the law is and where we stand. Our education in law appears to be inadequate to understand the law of education," he said.
The matter concerns 84 vacant MBBS seats in two private unaided medical institutions - 32 seats in Chennai Medical College & Research Centre in Trichy and 52 seats in Tagore Medical College & Hospital in Chennai. A batch of 28 students, who had earlier turned down MBBS seats in other private medical colleges owing to high fees, approached the HC saying they should have been considered for admission in these colleges.
In 2005, for the first time, the Supreme Court set a schedule for entrance tests and counseling for admissions. It also set September 30 as the last date for admission every year. In April this year, the court reiterated the schedule, and warned authorities of contempt action if they did not comply with it.
Trouble erupted in June/July this year, when the Medical Council of India refused renewal of permission for five colleges in TN. They failed to earn any reprieve before single judges, who said they would not violate the schedule fixed by the SC. However, a division bench directed the Centre to consider renewal of permission. The Centre found itself in a piquant situation, as following the HC order would mean contempt of the apex court, while not following it would amount to contempt of the HC.
In the meanwhile, on September 18, the SC, passing orders on a different batch of cases filed by medical colleges from across the country, sought to bend its own schedule saying the country needed more doctors and hence MBBS seats could not be allowed to go waste. It permitted these colleges to admit students this year, but set conditions - it asked them to admit only students sponsored by governments as per merit list and charge only government fee, which works out to a mere 12,000 in TN as against 3 lakh upwards charged by private colleges.
Out of the five colleges from TN, only two chose that option, and the government forwarded 150 students each for admission. It is in these colleges that 84 seats remained vacant. Some students moved the HC saying they were overlooked for admission in these colleges.
Justice Ramasubramanian, empathising with the plight of these students, however, said he did not propose to violate the SC-set schedule. Asking the government to redo the entire list for these two colleges or throwing out students already admitted or giving relief only to 28 students who have come to the court would open a Pandora's Box, the judge said. As a way out, the judge asked the students and managements of these two colleges to approach the SC for remedy.
"It appears that the Supreme Court repeatedly fixed time schedules and warned statutory authorities not to violate the time schedule. But, quite a few orders passed by various courts beyond the time schedule were also upheld by the Supreme Court. Therefore, no one knows what the law is and where we stand. Our education in law appears to be inadequate to understand the law of education," he said.
The matter concerns 84 vacant MBBS seats in two private unaided medical institutions - 32 seats in Chennai Medical College & Research Centre in Trichy and 52 seats in Tagore Medical College & Hospital in Chennai. A batch of 28 students, who had earlier turned down MBBS seats in other private medical colleges owing to high fees, approached the HC saying they should have been considered for admission in these colleges.
In 2005, for the first time, the Supreme Court set a schedule for entrance tests and counseling for admissions. It also set September 30 as the last date for admission every year. In April this year, the court reiterated the schedule, and warned authorities of contempt action if they did not comply with it.
Trouble erupted in June/July this year, when the Medical Council of India refused renewal of permission for five colleges in TN. They failed to earn any reprieve before single judges, who said they would not violate the schedule fixed by the SC. However, a division bench directed the Centre to consider renewal of permission. The Centre found itself in a piquant situation, as following the HC order would mean contempt of the apex court, while not following it would amount to contempt of the HC.
In the meanwhile, on September 18, the SC, passing orders on a different batch of cases filed by medical colleges from across the country, sought to bend its own schedule saying the country needed more doctors and hence MBBS seats could not be allowed to go waste. It permitted these colleges to admit students this year, but set conditions - it asked them to admit only students sponsored by governments as per merit list and charge only government fee, which works out to a mere 12,000 in TN as against 3 lakh upwards charged by private colleges.
Out of the five colleges from TN, only two chose that option, and the government forwarded 150 students each for admission. It is in these colleges that 84 seats remained vacant. Some students moved the HC saying they were overlooked for admission in these colleges.
Justice Ramasubramanian, empathising with the plight of these students, however, said he did not propose to violate the SC-set schedule. Asking the government to redo the entire list for these two colleges or throwing out students already admitted or giving relief only to 28 students who have come to the court would open a Pandora's Box, the judge said. As a way out, the judge asked the students and managements of these two colleges to approach the SC for remedy.
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