Purchasing PG Medical Seats: Madras High Court Orders Enquiry Into Probable Conspiracy Between Directorate Of Medical Education & Colleges

"It is very important to identify this malice that is afflicting admissions in post-graduate medical courses. At the end of the day, money, contacts and power should not be the determining factor for getting a seat in a post-graduate course and it should be merit and merit alone which should form the basis for allotting a seat to a candidate in post-graduate courses and super-specialties." Expressing serious concern over the manner in which admissions are being granted in post-graduate medical courses, especially in self-financing colleges, the Madras High Court has ordered an enquiry into the conspiracy, if any, between the officials of the Directorate of Medical Education and the self-financing colleges. The single Bench of Justice N. Anand Venkatesh has directed the Director General of Police, Tamil Nadu, to immediately allot the matter to the CB-CID, which shall consist of a team headed by an officer not below the rank of an Assistant Commissioner. The scope of enquiry shall be as follows: Whether there was any conspiracy between the officials of the Directorate of Medical Education and the self-financing colleges in filling up the stray vacancies;The amount received from each candidate who was admitted by the self-financing colleges on August 31, 2020 (deadline for conducting the mop-up counselling for Management Quota);Any other matter that unfolds during investigation in this regard. The order comes after the Bench noted that private colleges had granted admissions to underserving candidates, who otherwise would not have secured a seat through regular counselling, that too for some important clinical courses. Seemingly, these admissions were granted on the basis of a final list that was handed over to them by the Selection Committee of the Directorate of Medical Education. "There is something more than what meets the eye when it comes to filling up seats in private medical colleges other than by way of counselling. Obviously, these are all candidates who are capable of pulling strings and already had a clear understanding with the concerned college. When the push comes to the shove, the prior understanding translated itself into a final action and the candidates got admitted into the course. Every year some mechanism is devised by the self-financing colleges to fill up vacancies in this manner," the Bench remarked in such circumstances and ordered an enquiry. Notably, the Advocate General had submitted on behalf of the Directorate that it was facing an uphill task in filling up the seats in the various post graduate courses as many candidates who were allotted seats during the stages of 1st , 2nd and mop-up counselling were not able to report for admission in the Government Quota seats since these candidates were posted/engaged at various hospitals to offer treatment for COVID-19 afflicted patients. That apart, the restriction imposed on the movement to various places also prevented these candidates from joining the courses on time Rejecting this claim the Court observed, "There is an attempt to put every blame on the Corona Virus even where it did not have a direct nexus to the action performed by an institution or any instrumentality of the State. There cannot be a greater sin than to make use of the present situation and gain advantage for one's own self-aggrandize" Observations The manner in which admissions are being granted to unmeritorious candidates, the Bench said, gives an impression that there is something beyond merit that can secure admission to a candidate and which is the purchasing power. It observed, "If this situation is allowed to be continued year after year and no one takes any steps to redress the same, it results in injustice to meritorious candidates. Obviously, these seats carry a lot of monetary value to it and a student with the necessary contact and financial wherewithal can purchase this seat and undergo the course along with students who had toiled and burnt the midnight oil to secure these seats on pure merit." Further, the Bench highlighted the grave consequences of filling up a medical seat vacancy with an unmeritorious candidate, since it directly involves the life of a person. It remarked, "A student who secures a seat in this manner, is a bigger danger to this society. After completing the course, by hook or crook, they will be handling the lives of innocent people. Where the means adopted is iniquitous, then obviously the end will also suffer from its consequences. Such a candidate can only be a fruit from a poisonous tree." The Bench recollected that is the reason why the Supreme Court reiterates time and again that when it comes to postgraduate courses and super specialty courses, merit can be the only criteria of selection. "This is an area which is safely guarded to ensure that merit is not compromised by replacing it with mediocrity. This...

Purchasing PG Medical Seats: Madras High Court Orders Enquiry Into Probable Conspiracy Between Directorate Of Medical Education & Colleges

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