CRACKING THE WHIP - HC does corrective surgery, clips wings of deemed univs
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A Subramani
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Varsities Must Follow MCI Medical Admission Norms: Court
The free run of deemed
universi ties, which offer medical courses but do not surrender to the
jurisdiction of Medical Council of India (MCI), ended on Tuesday when
the Madras high court said the MCI would be the boss when it comes to
medical courses at all institutions, including deemed universities.
The immediate effect of the ruling will be that deemed universities that
offer medical education must surrender 50% of their postgraduate
medical course seats to the state government for the state quota and
then allow the government to conduct counselling for the remaining 50%
of the management quota seats. In fact, since they are now regulated by
both the Medical Council Act and the UGC Act, deemed universities are
barred from collecting capitation fees since the Act bans it.
Justice N Kirubakaran, unmasking deemed universities that never surrendered the mandatory 50% of their postgraduate medical seats nor subjected themselves for common counselling, said: “It is very clear that right from starting a medical institutioncollege, to laying down standard for medical education, to making inspections at the time of examination and [obtaining] information regarding THE the course of study from the medical institutions, the MCI alone is the authority for medical education. Deemed universities cannot, on their own, declare that they are not bound by MCI regulations.“
Making it clearer, the judge said: “Irrespective of their status as deemed universities, they are merely medical institutions like any other medical college before the MCI and no special status can be claimed by deemed universities. By donning the mask of a deemed university, they cannot escape from MCI regulations. If they ask for such protection, they cannot be called medical institutions at all.“
As for the arguments of deemed universities that they are under Section 3 of the UGC Act, 1956 and that Medical Council of India regulations do not apply to them, Justice ING Kirubakaran said the Medical Council Act clearly said no person shall establish a medical college or open a new course of study or training or increase its admission capacity except with the previous permission of the central government.
Justice Kirubakaran pointed out that the act mentioned educational institutions including private, aided or unaided institutions, that meant and included deemed universities too.MCI disowned its regulation with mala fide intention, says judge
MCI suffered the ignominy of being asked to pay an `exemplary cost' of `1 crore by the Madras high court for not enforcing its own code on the mandatory seatsharing formula for all institutions offering medical education. “If, from 2000 onwards, seats were shared...thousands of seats would have been available to poor meritorious students... MCI deliberately failed to discharge its obligation and went against the interest of the public,“ said Justice N Kirubakaran.
The judge said in his 130-page order: “This court has got every reason to believe that without any legality, the MCI is trying to disown the Regulation 9(2) andor 9(vi). If the regulation is not enforced, the beneficiaries would be non-governmental medical institutions.Hence, the MCI with a mala fide intention to help the private medical lobby, which sells medical seats for crores of rupees, is disowning its own regulation.“
Blaming the MCI for “worrisome and dangerous trends in medical education“, Justice Kirubakaran said: “It is a known fact that some institutions have been selling medical seats through brokers [at] rates fixed by them, dehors merits, thereby more meritorious students were shunted out...“ TNN
Justice N Kirubakaran, unmasking deemed universities that never surrendered the mandatory 50% of their postgraduate medical seats nor subjected themselves for common counselling, said: “It is very clear that right from starting a medical institutioncollege, to laying down standard for medical education, to making inspections at the time of examination and [obtaining] information regarding THE the course of study from the medical institutions, the MCI alone is the authority for medical education. Deemed universities cannot, on their own, declare that they are not bound by MCI regulations.“
Making it clearer, the judge said: “Irrespective of their status as deemed universities, they are merely medical institutions like any other medical college before the MCI and no special status can be claimed by deemed universities. By donning the mask of a deemed university, they cannot escape from MCI regulations. If they ask for such protection, they cannot be called medical institutions at all.“
As for the arguments of deemed universities that they are under Section 3 of the UGC Act, 1956 and that Medical Council of India regulations do not apply to them, Justice ING Kirubakaran said the Medical Council Act clearly said no person shall establish a medical college or open a new course of study or training or increase its admission capacity except with the previous permission of the central government.
Justice Kirubakaran pointed out that the act mentioned educational institutions including private, aided or unaided institutions, that meant and included deemed universities too.MCI disowned its regulation with mala fide intention, says judge
MCI suffered the ignominy of being asked to pay an `exemplary cost' of `1 crore by the Madras high court for not enforcing its own code on the mandatory seatsharing formula for all institutions offering medical education. “If, from 2000 onwards, seats were shared...thousands of seats would have been available to poor meritorious students... MCI deliberately failed to discharge its obligation and went against the interest of the public,“ said Justice N Kirubakaran.
The judge said in his 130-page order: “This court has got every reason to believe that without any legality, the MCI is trying to disown the Regulation 9(2) andor 9(vi). If the regulation is not enforced, the beneficiaries would be non-governmental medical institutions.Hence, the MCI with a mala fide intention to help the private medical lobby, which sells medical seats for crores of rupees, is disowning its own regulation.“
Blaming the MCI for “worrisome and dangerous trends in medical education“, Justice Kirubakaran said: “It is a known fact that some institutions have been selling medical seats through brokers [at] rates fixed by them, dehors merits, thereby more meritorious students were shunted out...“ TNN
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