Madras High Court reprieve for 108 Ponnaiyah students
DECCAN CHRONICLE. | J STALIN
PublishedDec 14, 2018, 12:58 am IST
The Ponnaiyah medical college was directed to return all the original certificates to the students forthwith.
Madras High Court
Chennai: Pointing out that the 108 students of defunct Ponnaiyah Ramajayam Medical Sciences in Manamai Nallar in Kancheepuram district can be accommodated only in government medical colleges as that of another defunct Annai Medical College, the Madras high court has directed the state government to send a proposal to the Medical Council of India to accommodate the students of Ponnaiyah Ramajayam college, within two weeks.
Allowing a batch of petitions from SU Archana and 107 other students, Justice T.Raja said the Medical Council of India on receipt of said proposal shall take a decision and forward the same to the Board of Governors in Supersession of MCI within one week thereon. The Board of Governors shall take a decision within a period of one week from the date of receipt of the decision of the MCI and forward the same to the ministry of health and family welfare, the judge added.
The judge said the ministry of health and family welfare shall pass necessary orders increasing the number of seats in government medical colleges and approve the accommodation of students of Ponnaiyah medical college in the 23 government medical colleges, functioning in the state of Tamil Nadu.
The Ponnaiyah medical college was directed to return all the original certificates to the students forthwith.
The students were required to file an affidavit that they shall pay the fees fixed by the fee fixation committee applicable for private medical colleges every year. The state government shall take steps for appointing adequate faculty members and also providing sufficient infrastructure facilities and bed strength, the judge added.
The judge directed the Medical Council of India to encash the bank guarantee furnished by Ponnaiyah medical college and give the same to the state government to enable it to provide sufficient infrastructure facilities and appoint faculty members.
Concurring with the submissions of senior counsels P.Wilson, S.Prabakaran and Silambannan, that once the Essentiality Certificate was issued by the state government it goes without saying that the state government has to take over the responsibility of the students in the event of the closure of the college, the judge said accepting the legal position, this court also while dealing with the case of Annai Medical College, allowed the petitions and gave directions to accommodate those students in government medical colleges. The state government accepted the order. The Medical Council of India went on an appeal and the Supreme Court dismissed the same, the judge pointed out and gave the above directions.
Citing the replies given by the self financing medical colleges to the proposal sent by the state government to accommodate the Ponnaiyah medical college students, expressing their willingness to accommodate them, the judge said some colleges indicated that they do not have sufficient infrastructure facilities and faculty strength and some other colleges failed to mention as to whether they have adequate infrastructure facilities and faculty strength to cater to the needs of the additional strength of students. Therefore, reliance placed on by additional advocate general Narmada Sampath on the orders passed by the Supreme Court, to accommodate the students of a college in self financing medical colleges cannot be accepted, the judge added.
The judge said in the case of self financing medical colleges who have come forward to accommodate the students admittedly indicated that they do not have sufficient infrastructure facilities, bed strength and adequate faculty. In view of this reason, the arguments by additional advocate general that all 108 students of defunct Ponnaiyah medical college should be distributed in self financing medical colleges will prove fatal to the future career of the students, the judge added.
DECCAN CHRONICLE. | J STALIN
PublishedDec 14, 2018, 12:58 am IST
The Ponnaiyah medical college was directed to return all the original certificates to the students forthwith.
Madras High Court
Chennai: Pointing out that the 108 students of defunct Ponnaiyah Ramajayam Medical Sciences in Manamai Nallar in Kancheepuram district can be accommodated only in government medical colleges as that of another defunct Annai Medical College, the Madras high court has directed the state government to send a proposal to the Medical Council of India to accommodate the students of Ponnaiyah Ramajayam college, within two weeks.
Allowing a batch of petitions from SU Archana and 107 other students, Justice T.Raja said the Medical Council of India on receipt of said proposal shall take a decision and forward the same to the Board of Governors in Supersession of MCI within one week thereon. The Board of Governors shall take a decision within a period of one week from the date of receipt of the decision of the MCI and forward the same to the ministry of health and family welfare, the judge added.
The judge said the ministry of health and family welfare shall pass necessary orders increasing the number of seats in government medical colleges and approve the accommodation of students of Ponnaiyah medical college in the 23 government medical colleges, functioning in the state of Tamil Nadu.
The Ponnaiyah medical college was directed to return all the original certificates to the students forthwith.
The students were required to file an affidavit that they shall pay the fees fixed by the fee fixation committee applicable for private medical colleges every year. The state government shall take steps for appointing adequate faculty members and also providing sufficient infrastructure facilities and bed strength, the judge added.
The judge directed the Medical Council of India to encash the bank guarantee furnished by Ponnaiyah medical college and give the same to the state government to enable it to provide sufficient infrastructure facilities and appoint faculty members.
Concurring with the submissions of senior counsels P.Wilson, S.Prabakaran and Silambannan, that once the Essentiality Certificate was issued by the state government it goes without saying that the state government has to take over the responsibility of the students in the event of the closure of the college, the judge said accepting the legal position, this court also while dealing with the case of Annai Medical College, allowed the petitions and gave directions to accommodate those students in government medical colleges. The state government accepted the order. The Medical Council of India went on an appeal and the Supreme Court dismissed the same, the judge pointed out and gave the above directions.
Citing the replies given by the self financing medical colleges to the proposal sent by the state government to accommodate the Ponnaiyah medical college students, expressing their willingness to accommodate them, the judge said some colleges indicated that they do not have sufficient infrastructure facilities and faculty strength and some other colleges failed to mention as to whether they have adequate infrastructure facilities and faculty strength to cater to the needs of the additional strength of students. Therefore, reliance placed on by additional advocate general Narmada Sampath on the orders passed by the Supreme Court, to accommodate the students of a college in self financing medical colleges cannot be accepted, the judge added.
The judge said in the case of self financing medical colleges who have come forward to accommodate the students admittedly indicated that they do not have sufficient infrastructure facilities, bed strength and adequate faculty. In view of this reason, the arguments by additional advocate general that all 108 students of defunct Ponnaiyah medical college should be distributed in self financing medical colleges will prove fatal to the future career of the students, the judge added.
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