Court notice to Centre, MCI on plea filed by SRM University
The Madras High Court on Friday sought the stand of the Centre and
the Medical Council of India on a plea against a notification that
provided for common counselling for the PG medical seats in all
institutions.
A Bench of justices S. Nagamuthu and Dr. Anita Sumanth issued notices to the Centre and the MCI, seeking their stand on the plea by the city-based SRM (Deemed) University.
In an interim order on the petition by the deemed medical university, the bench also asked authorities not to disturb 59 students admitted to the university before issuance of the notification.
The court, however, made their admissions subject to the outcome of the petition and posted the matter for further hearing on April 26.
The university, in its petition, said the MCI on March 10 this year amended the Post Graduate Medical Education Regulations, 2000, adding Regulation 9A.
Ministry’s directive
The Union Ministry of Health subsequently directed all the deemed universities to be a part of the common counselling for admission in post-graduate courses and to surrender 50% of their seats to the government quota.
The petitioner said there have been no seat-sharing arrangement between the State government and the deemed universities, either for the under-graduate or the post-graduate courses till now.
Citing the Supreme Court orders, including that in the T.M. Pai case, the petitioner said it has been held that the seat-sharing arrangement should be voluntary.
It prayed the court to declare Regulation 9A as unconstitutional and violative of Article 19(1)(g) of the Constitution.
The petitioner also submitted that 59 students were admitted by the university, based on NEET (National Eligibility-cum-Entrance Test) rank list. Hence, no retrospective effect could be given to the amendment and it cannot affect admissions made prior to the date on which it came into force, it said. If the admissions were undone, selected students who had remitted fees and joined the courses would be “seriously affected”, the university said.
A Bench of justices S. Nagamuthu and Dr. Anita Sumanth issued notices to the Centre and the MCI, seeking their stand on the plea by the city-based SRM (Deemed) University.
In an interim order on the petition by the deemed medical university, the bench also asked authorities not to disturb 59 students admitted to the university before issuance of the notification.
The court, however, made their admissions subject to the outcome of the petition and posted the matter for further hearing on April 26.
The university, in its petition, said the MCI on March 10 this year amended the Post Graduate Medical Education Regulations, 2000, adding Regulation 9A.
Ministry’s directive
The Union Ministry of Health subsequently directed all the deemed universities to be a part of the common counselling for admission in post-graduate courses and to surrender 50% of their seats to the government quota.
The petitioner said there have been no seat-sharing arrangement between the State government and the deemed universities, either for the under-graduate or the post-graduate courses till now.
Citing the Supreme Court orders, including that in the T.M. Pai case, the petitioner said it has been held that the seat-sharing arrangement should be voluntary.
It prayed the court to declare Regulation 9A as unconstitutional and violative of Article 19(1)(g) of the Constitution.
The petitioner also submitted that 59 students were admitted by the university, based on NEET (National Eligibility-cum-Entrance Test) rank list. Hence, no retrospective effect could be given to the amendment and it cannot affect admissions made prior to the date on which it came into force, it said. If the admissions were undone, selected students who had remitted fees and joined the courses would be “seriously affected”, the university said.
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