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Doctors Approach SC For Declaring Practice Of PG Admission On ‘Permitted Seats’ As Unconstitutional

Live Law News Network
7 Dec 2017 2:18 PM GMT
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A group of doctors have petitioned the Supreme Court under Article 32 of the Constitution seeking to declare the classification of admission on ‘Recognized Seat’ and ‘MCI Permitted Seat’ in PG admissions as manifestly arbitrary and to declare the practice of admission on such a permitted seat as unconstitutional for being violative of Articles 14, 19(1)(g) and 21 of the Constitution of India.

Filed by advocates Namit Saxena and Vijay Awana, the writ petition contests that the concept of admission through MCI permitted seat in PG course has no statutory basis and raises serious questions as to how careers of qualified doctors, desirous of studying further to enhance their knowledge and specialise in a particular field, are being compromised by not granting recognition to the college from where they postgraduated even after many years.

The petitioners took admission in various PG diplomas and were selected amongst very few seats across the country. These seats were MCI permitted seats and have not been recognized since long. It was not disclosed in the information brochure that the seats on which the petitioners were taking admission were permitted seats. At the time of counseling, only this fact was brought to the notice of the petitioners. It is contested that the college and the MCI were playing with the future of qualified doctors by not taking a decision as to recognition of the said courses and students were left without option as all entrance examinations for the academic session were completed and the students were coerced to take admission to study further else they had to sit at home even after becoming doctors. The MCI ought to have taken available legal recourse instead of playing with the future of students. The MCI never issued notice to students that they will face trouble in permitted colleges which are not recognized.

That following are the consequences of undertaking an unrecognized course:

  • No right to practice

  • Termination of services

  • Demotion from senior post

  • No right to registration of degree in Concerned State Medical Council / Medical Council of India

  • No call for interview

  • Denial of employment, promotion

  • Not counted as faculty members

  • Humiliation for holding unrecognized degree

  • No right to write unrecognized degree as suffix with name

  • Framing of criminal cases, civil cases of negligence

  • Cannot do further study like after diploma postgraduation, after post graduation super specialization, and post diploma DNB.

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