HC asks med colleges to give 50% PG seats to TN, slaps Rs 2 crore fine
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A Subramani
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Chennai
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Smashing the unholy nexus
among the Medical Council of India, successive governments in Tamil Nadu
since the year 2000, and private unaided medical colleges and deemed
universities, Madras high court has held that surrender of 50% of
postgraduate medical seats by all institutions, including deemed
universities, is an inescapable necessity.
Justice N Kirubakaran
imposed an exemplary cost of `1
crore each on MCI and Tamil Nadu government for their wilful failure to
ensure surrender of seats by unaided colleges.While the sum to be
deposited
by the state government would go in for the Archaeological Survey of
India's excavation work at Keezhadi in Sivaganga district, the MCI money
would go into the bank account of Spastics Society of India, the judge
said.
“The MCI failed to implement the regulation against deemed universities. The state too has failed to demand its share of 50% seats from private medical institutions,“ Justice Kirubakaran said. Justice Kirubakaran said “The MCI deliberately failed to implement the regulation against deemed universities, prejudicial to the interest of the state and it should be with ulterior motive only. The state government also has not so far demanded its share of 50% seats from all private medical institutions, including deemed universities.All stake holders involved have acted with hidden agenda for benefiting some private players, defrauded and caused irreparable loss and injury to the meritorious and poor meritorious students.“
The judge was passing orders on a batch of petitions for a direction to the state government to appropriate 50% of seats in recognised post-graduate degree and diploma courses in each specialty from 19 specified colleges and deemed universities in Tamil Nadu, and to ensure admissions on the basis of National Eligibility cum Entrance Test (PG) merit list to be prepared by MCI.
In his 130-page verdict on Tuesday , Justice Kirubakaran said: “The state government shall by notification include 50% seats in deemed universities, except minority institutions, in the counseling to be conducted for government quota seats in self-financing medical colleges, 50% institution quota seats in deemed universities and management quota seats in self-financing medical colleges.“ Minority institutions need not share 50% of seats to the government except by voluntary surrender, he said, adding: “Admission made in respect of NRI quota by non-governmental medical institutions in the state, excepting minority in stitutions, is not valid and is set aside.“
All private, non-minority institutions shall surrender all their seats, including 15% NRI quota seats, for centralised common counseling to be conducted by the state, Justice Kirubakaran said, adding: “The state government prospectus for common counseling to PG degreesdiploma courses in deemed universities in Tamil Nadu (excluding NRI quota) this 2017-18 session is quashed, as it does not appropriate 50% state quota seats from deemed universities.“ As for the procedure to be adopted by e state government during counsel the state government during counselling, the judge said it should notify in its website details such as availability of seats in each college, university , institution (specialty wise); complete fee structure of all non-governmental institutions, including deemed universities, which shall also include the expenses the student has to incur for pursuing his course; list of candidates absent during counseling; list of candidates who have not joined in governmentnon-governmental institutions; and specialty-wise details of seats allotted to NRI quota.
Justice Kirubakaran also asked all authorities and MCI to notify all the decision and procedure-formalities well in advance from next year onwards to avoid confusion in admission and avoid litigation Noting that commercialization of professional education, especially medical education, continues to be a worrisome issue to public, he said: “Even in this case, though most of the institutions have surrendered all their seats, they have not surrendered 15% NRI quota seats.“
“The MCI failed to implement the regulation against deemed universities. The state too has failed to demand its share of 50% seats from private medical institutions,“ Justice Kirubakaran said. Justice Kirubakaran said “The MCI deliberately failed to implement the regulation against deemed universities, prejudicial to the interest of the state and it should be with ulterior motive only. The state government also has not so far demanded its share of 50% seats from all private medical institutions, including deemed universities.All stake holders involved have acted with hidden agenda for benefiting some private players, defrauded and caused irreparable loss and injury to the meritorious and poor meritorious students.“
The judge was passing orders on a batch of petitions for a direction to the state government to appropriate 50% of seats in recognised post-graduate degree and diploma courses in each specialty from 19 specified colleges and deemed universities in Tamil Nadu, and to ensure admissions on the basis of National Eligibility cum Entrance Test (PG) merit list to be prepared by MCI.
In his 130-page verdict on Tuesday , Justice Kirubakaran said: “The state government shall by notification include 50% seats in deemed universities, except minority institutions, in the counseling to be conducted for government quota seats in self-financing medical colleges, 50% institution quota seats in deemed universities and management quota seats in self-financing medical colleges.“ Minority institutions need not share 50% of seats to the government except by voluntary surrender, he said, adding: “Admission made in respect of NRI quota by non-governmental medical institutions in the state, excepting minority in stitutions, is not valid and is set aside.“
All private, non-minority institutions shall surrender all their seats, including 15% NRI quota seats, for centralised common counseling to be conducted by the state, Justice Kirubakaran said, adding: “The state government prospectus for common counseling to PG degreesdiploma courses in deemed universities in Tamil Nadu (excluding NRI quota) this 2017-18 session is quashed, as it does not appropriate 50% state quota seats from deemed universities.“ As for the procedure to be adopted by e state government during counsel the state government during counselling, the judge said it should notify in its website details such as availability of seats in each college, university , institution (specialty wise); complete fee structure of all non-governmental institutions, including deemed universities, which shall also include the expenses the student has to incur for pursuing his course; list of candidates absent during counseling; list of candidates who have not joined in governmentnon-governmental institutions; and specialty-wise details of seats allotted to NRI quota.
Justice Kirubakaran also asked all authorities and MCI to notify all the decision and procedure-formalities well in advance from next year onwards to avoid confusion in admission and avoid litigation Noting that commercialization of professional education, especially medical education, continues to be a worrisome issue to public, he said: “Even in this case, though most of the institutions have surrendered all their seats, they have not surrendered 15% NRI quota seats.“
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