Friday, July 17, 2015

SC: MCI erred in denying permission to college in Mahabs


CHENNAI: Chances of one more private medical college coming up in Kancheepuram might be a reality with the Supreme Court saying that the Centre and Medical Council of India (MCI) had acted in a biased manner while rejecting the case of Ponnaiyah Ramajayam Institute of Science and Technology Trust.

The trust applied for permission to establish 'Ponnaiyah Ramajayam Institute of Medical Sciences' (PRIMS) at Manamai-Nallur (ECR), near Mamallapuram for the academic year 2015-2016.

The trust submitted the application according to the provisions of the Medical Council of India (MCI) Act, 1956 for establishment of the institute on August 25, 2014. The trust received the Essentiality Certificate (EC) onAugust 28 and the Consent of Affiliation (COA) on August 30. The trust submitted the certificates to the central government on September 10, 2014.

The Centre rejected the application and asked it to file a fresh submission for the academic year 2016-2017. It said the certificates were not submitted before the cut-off date of August 31, 2014. The trust then moved the Delhi high court, which on April 8, 2015, directed MCI to consider its application. Assailing the verdict, MCI filed an appeal. A division bench of the high court said the verdict was "impracticable" and set aside the earlier order on May 5, 2015. PRIST Trust moved the apex court.

A bench of Justice M Y Eqbal and Justice C Nagappan said it did not find any fault on the part of the trust. "...the application was rejected by the central government merely on the ground that it was not submitted before the cut-off date.

Underlining the Union government and the MCI did not "discharge their duties in accordance with the provisions of the MCI Act and rules," the bench directed MCI to consider the application and make its recommendation within three weeks. The matter was posted after four weeks to enable MCI to submit its suggestions in a sealed cover.

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