HC refuses to regularize 4 illegal MBBS admissions

TNN | Mar 17, 2020, 04.20 AM IST

Puducherry: The Madras high court has directed the Medical Council of India (MCI) to initiate action against a private medical college — Venkateshwaraa Medical College Hospital and Research Centre (SVMCH) — in Puducherry for illegally admitting four students into MBBS course against the council's regulations and the Supreme Court's orders.

Justice N Anand Venkatesh also directed the college to refund the fees paid by the four students and to pay a compensation of Rs 1 lakh each to them for having caused mental agony and hardship.

The justice requested the MCI, the Puducherry government and Centralized Admission Committee (Centac) to check whether the four students could be accommodated in any other institution based on their merit in the coming academic year.

Justice Anand Vekatesh was passing the order while dismissing a petition by SVMCH seeking a direction to the MCI and others to approve the admission of four students -- V Bollini Damu, M R S Mahesh, P Sabari Ganesh and M Shri Preethi -- into MBBS course during the academic year 2018-19.

The MCI and others, however, strongly objected to the plea saying the private college ought not to have filled four MBBS seats that had fallen vacant after the first, second and mop-up counselling and hence their admission is 'illegal'. They said Centac alone can hold counselling and recommend the candidates for admission into government or private medical colleges. They said no authority or institution can admit any candidate to MBBS course against the MCI's regulations and the Supreme Court's order.

Puducherry government’s counsel accused the college of repeatedly violating the MCI's regulations and the apex court order, and pointed out that the college had admitted 38 candidates into MBBS course for the academic year 2017-18 on its own and the MCI discharged (removed) the 38 candidates, who had been admitted illegally. He further said the college admitted five students in the current academic year on its own against the stray vacancies after mop-up counselling ignoring the merit list in the ratio of 1:10 furnished by the Centac.

The judge cited the SC order that declared that only the state government or the authority designated by it can hold common counselling for admission in government and private medical colleges including those run by religious and linguistic minorities.

"Any candidate admitted in contravention/violation (MCI's regulations and SC order) shall be discharged (removed) by the council forthwith," the justice said while quoting the Clause 5 (7) of the MCI's regulation.

He also observed that the college has been using the students as a shield to get over their illegal action and refused to exercise its jurisdiction to sanctify an illegal act.