PG medical admissions: Setback for unaided minority colleges
Court says seats should be given based on NEET merit list
In a setback to unaided minority medical colleges, the Karnataka High
Court on Thursday made it clear that admission to all postgraduate
medical courses has to be made through a Common Counselling Authority
under the Medical Council of India’s (MCI) regulation, on the basis of
the merit list of the National Eligibility-cum-Entrance Test (NEET),
irrespective of whether the medical institutions are run by minorities
or non-minorities.
“In view of MCI’s Regulation 9A, no admission to postgraduate medical courses under any kind of quota, like Scheduled Castes, Scheduled Tribes, Other Backward Classes, non-resident Indians, management quota etc., can be made without the seat being allotted by the Common Counselling Authority on the basis of merit list of the NEET,” the court clarified.
A Division Bench comprising Justice H.G. Ramesh and Justice John Michael Cunha passed the interim order while rejecting an application filed by Bengaluru-based St. John’s National Academy of Health Sciences for vacating the stay order against admitting candidates to PG course based on its own admission procedure.
The academy had claimed that it had right to prescribe its own admission process as the Article 30(1) of the Constitution provides liberty to minority communities to establish and administer educational institutions.
Citing apex courts verdicts, the Bench said that it is now well settled that rights conferred under Article 30(1) of the Constitution are “not absolute” but they are “subject to regulatory measures for the maintenance of standards and excellence in education, which are necessary in the national interest”.
Rachana Kishore Ubrangala, an MBBS graduate from Mangaluru, had questioned the academy’s own selection process, which include practical test score and marks for interview in addition to the NEET ranking, while complaining that those ranked below her had found place in the selection list.
The Bench said that the “common counselling mandated under Regulation 9A will check minority and non-minority institutions from choosing students arbitrarily from within the sources they are entitled to choose from”.
Join counselling
Meanwhile, the Bench permitted the academy to participate in the common counselling and to admit students for the academic year 2017-2018 on allotment of seats. The Bench also permitted the students stated to have been given admission to the academy to participate in the counselling, subject to they fulfilling eligibility criteria.
‘Entitled’
However, the Bench said that an unaided minority medical educational institution is entitled to indicate its choice of preferences, with regard to status of minority candidates, to the common counselling authority to fill up its entire sanctioned intake while making it clear that the State does not get any right under Regulation 9A to appropriate any seats available for admission in an unaided minority medical educational institution.
The Court adjourned further hearing to decide the question on whether the MCI’s regulation 9A is legal or not.
“In view of MCI’s Regulation 9A, no admission to postgraduate medical courses under any kind of quota, like Scheduled Castes, Scheduled Tribes, Other Backward Classes, non-resident Indians, management quota etc., can be made without the seat being allotted by the Common Counselling Authority on the basis of merit list of the NEET,” the court clarified.
A Division Bench comprising Justice H.G. Ramesh and Justice John Michael Cunha passed the interim order while rejecting an application filed by Bengaluru-based St. John’s National Academy of Health Sciences for vacating the stay order against admitting candidates to PG course based on its own admission procedure.
The academy had claimed that it had right to prescribe its own admission process as the Article 30(1) of the Constitution provides liberty to minority communities to establish and administer educational institutions.
Citing apex courts verdicts, the Bench said that it is now well settled that rights conferred under Article 30(1) of the Constitution are “not absolute” but they are “subject to regulatory measures for the maintenance of standards and excellence in education, which are necessary in the national interest”.
Rachana Kishore Ubrangala, an MBBS graduate from Mangaluru, had questioned the academy’s own selection process, which include practical test score and marks for interview in addition to the NEET ranking, while complaining that those ranked below her had found place in the selection list.
The Bench said that the “common counselling mandated under Regulation 9A will check minority and non-minority institutions from choosing students arbitrarily from within the sources they are entitled to choose from”.
Join counselling
Meanwhile, the Bench permitted the academy to participate in the common counselling and to admit students for the academic year 2017-2018 on allotment of seats. The Bench also permitted the students stated to have been given admission to the academy to participate in the counselling, subject to they fulfilling eligibility criteria.
‘Entitled’
However, the Bench said that an unaided minority medical educational institution is entitled to indicate its choice of preferences, with regard to status of minority candidates, to the common counselling authority to fill up its entire sanctioned intake while making it clear that the State does not get any right under Regulation 9A to appropriate any seats available for admission in an unaided minority medical educational institution.
The Court adjourned further hearing to decide the question on whether the MCI’s regulation 9A is legal or not.
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