Madras HC Slams MCI, TN State For Not Implementing Seat-Sharing Regulations; Imposes Rs 1 Cr Cost Each [Read Judgment]

The Madras High Court has imposed cost of Rs 1 crore on Medical Council of India for not implementing seat sharing regulations framed by it to help private players.Justice N Kirubakaran also held that the deemed universities are bound by the seat-sharing regulation 9(2)/9(vi) framed by the Medical Council of India.The court also came down heavily for contradictory and amusing contention adopted by the MCI that Karnataka High Court quashed those regulations.“It is ridiculous to contend that its own regulation was quashed, especially when the High Court of Karnataka did not quash it,” it said.The court observed that the High Court of Karnataka has not struck down the Regulation 9(2) either in Dr Biju Poulose case or in the St John’s Medical College case.The court has also imposed Rs 1 crore cost on the state government for having not so far demanded its share of 50per cent seats from all the private medical institutions, including deemed universities.“When the other states have acted upon and included 50% State quota seats in deemed universities, the Government of Tamil Nadu had deliberately, much against the public interest, definitely for extraneous considerations has not demanded or included 50% medical seats of the deemed universities/medical colleges which is condemnable and deprecated. The interests of the State, especially, the deserving and meritorious students are the affected. There is a wanton failure on the part of successive State Governments in this regard. The elected Governments which should be responsible and expected to act in the interest of the public has not done its duty properly,” the court said. “All the stakeholders 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 of the respective States,” the court said while issuing following directions: Direction to the first respondent/State Government to appropriate 50% Postgraduate medical seats in respect of each specialty from Non-Governmental medical institutions in the State, excluding minority institutions and Respondents 15 & 19, as State quota and make admission on the basis of NEET merit list through centralized counseling done by the State The State Government shall, by notification,n include 50% seats in Deemed Universities, excepting minority institutions and R5 & R16, in the counseling to be conducted for Government seats in self-financing medical colleges and 50% institution quota seats in Deemed Universities, excepting minority institutions and R5 & R16, in the counseling to be conducted for management quota seats in self-financing medical colleges. Minority institutions/colleges need not share 50% of their seats to the State Government except by voluntary share, in view of Articles 15(5) and 30 of the Constitution. Admission made in respect of 15% NRI quota by Non-Governmental medical institutions in the State, excepting minority institutions and R15 & R19, is not valid and is set aside, as per Central Government Communications, dated 10.03.2017 and 06.04.2017. Non-Governmental institutions, except minority institutions and R15 & R19, shall surrender all their seats including 15% NRI quota seats for centralized common counseling to be conducted by the State State Government's “Prospectus for common counseling to Postgraduate Degrees/Diploma courses in Deemed Universities in Tamil Nadu (Excluding NRI Quota) 2017-2018 session” is quashed, as it does not appropriate 50% State quota seats from Deemed universities. The State being the counseling authority, shall notify in the website the following details: ➢ Availability of seats in each college/university/institution [specialty wise]. ➢ Complete fee structure of all Non-Governmental institutions including the deemed universities which shall also include the expenses the student has to incur for pursuing his course. ➢ List of candidates absent during the counseling. ➢ List of candidates who have not joined in Governmental/Non-Governmental institutions including deemed universities. ➢ Details of seats allotted to NRI quota [specialty wise]. All the authorities, including the Central Government, State Government and Medical Council of India, shall notify all the decisions and procedures/formalities well in advance from next year onwards, in order of avoid confusion in admission and avoid litigations. R1/State Government shall pay a sum of Rupees One Crore as cost for the reasons stated in paragraphs 77 & 78 and the same shall be payable to Archaeological Survey of India for utilizing the same for Keezhadi excavation [Keezhadi, Sivaganga District, Tamil Nadu] within four weeks from the date of receipt of a copy of this order. MCI shall pay a sum of Rupees One Crore as exemplary costs for the reasons given in paragraphs 55 to 58 and the same shall be paid in favour of “The Spastics Society of Tamil Nadu [Institute to empower persons with disabilities], CSIR...

Madras HC Slams MCI, TN State For Not Implementing Seat-Sharing Regulations; Imposes Rs 1 Cr Cost Each [Read Judgment]

Ashok KM

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