23 Aug 2022 7:13 AM GMT
In context of admissions to MBBS courses, the Madras High Court has reiterated that admission to the courses had to be commensurate with the annual intake capacity of the institution. The court also highlighted that the admissions cannot be made beyond the time limit fixed by the Apex Court for completing admissions. "…It is clear that neither intake of students can be allowed beyond...
In context of admissions to MBBS courses, the Madras High Court has reiterated that admission to the courses had to be commensurate with the annual intake capacity of the institution. The court also highlighted that the admissions cannot be made beyond the time limit fixed by the Apex Court for completing admissions.
"…It is clear that neither intake of students can be allowed beyond the sanctioned limit nor time schedule for completion of the admissions for the medical colleges can be extended… The regulations streamlining the admission of students in medical college are made to maintain higher standards in medical education."
The bench of Justice Abdul Quddhose was hearing petitions filed by children of defence personal seeking admission to MBBS Course under the wards of defence personnel quota.
According to the petitioners, the respondents had failed to comply with an earlier direction to implement the GO dated 30.06.1979 providing such reservation and had thus denied admission to the petitioners. Another petition challenged the validity of a recent GO dated 10.01.2022 as well as the prospectus for admission to MBBS/BDS degrees in Tamil Nadu Government Medical/Dental Colleges for the year 2021-2022 on the ground that they have not implemented the earlier GO.
The court noted that the GO dated 30.06.1979 was not applicable to the petitioners as the said notification was applicable only to PUC and BSC students which was the stream of education prevalent at that point of time. Further the petitioners had not applied to the special quota for reservation but had applied under the State Quota which provides for reservation of ex servicemen of all categories. They had also not come in the top rank list on this category for getting allotment.
The court highlighted that the Supreme Court in a number of decisions has reiterated that the time schedule for admissions fixed under the regulations/notifications shall be strictly adhered to by all concerned as the time schedule prescribed has the force of law.
The Apex Court had fixed the deadline for the academic year 2021-2022 as 28.04.2022. As such, the court opined that there was no question of allotting seats to the petitioners at this point of time.
When the deadline has been fixed by the Hon'ble Supreme Court as 28.04.2022, the question of allotting seats to the respective petitioners at this stage will not arise. Therefore the request has to be necessarily rejected. The Hon'ble Supreme Court has also deprecated the practice of increase in admission capacity beyond the sanctioned limit by constitutional courts.
Further, Section 10 of the National Medical Commission Act 2019 gives power to the Commission including laying down policies for maintaining high quality and high standards of medical education as well as policies for regulating medical colleges. The NMC fixes the annual intake capacity for each medical course and no college is permitted to exceed this annual intake capacity.
The Supreme Court in the case of State of Punjab & Others vs. Renuka Singla & Others (1994) had deprecated the practice of High Courts issuing guidelines which in effect would violate the statutory rules and regulations. The Supreme Court in the said decision held that the High Court cannot disturb the balance between the capacity of the institution and number of admissions on compassionate grounds. The Apex Court had further held that by judicial interference, the High Courts were affecting the education of the Students who have already been admitted against the fixed seats after competitive exams.
The court thus agreed with the stand taken by the National Medical Commission that the deadline for admission can no way be extended and that no admission can be made beyond the fixed annual intake.
The students who are going to be the medical doctors in the near future cannot be allowed to seek relaxation of regulations which have been imposed only in their interest and in public interest.
As the 1979 GO was not applicable to the present petitioners, the prayer seeking to quash the 2022 GO prescribing reservation of ex-servicemen in State Government would not arise and therefore the second petition would also not stand.
Thus, finding no merit in the petitions, the court dismissed the same.
Case Title: A Priyanka and others v. The Principal Secretary and others
Case No: W.P.Nos.3078 & 5204 of 2022
Citation: 2022 LiveLaw (Mad) 365
Counsel for the Petitioners: Mr.D.Saikumaran, Mr.R.Annamalai (Party in person)
Counsel for the Respondent: Mr.B.Vijay, Additional Government Pleader (R1), Ms.M.Sneha (R2), Mr.Adarsh Mohandass for M/s.Shubharanjani Ananthi (R3)
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