Kerala HC upholds MCI regulation

September 16, 2010 04:29 pm | Updated 04:29 pm IST - Kochi

Kerala High court today upheld the Medical Council of India (MCI) regulation fixing minimum 50 per cent marks in qualifying and competitive examinations to secure admission for MBBS course.

The order in this regard was issued by a division bench comprising Justice Thothathil B Radhakrishnan and Justice P Bhavadasan while dismissing 11 petitions filed by over 80 students seeking continuance of studies.

Earlier, the Medical Council of India (MCI) directed the students to discontinue the studies on the ground that they do not satisfy its eligiblity and selection conditions.

The bench said the candidates must have passed in Physics, Chemistry, Biology and English and must have obtained minimum marks of 50 per cent in Physics, Chemistry and Biology and in addition they should come in the merit list of entrance examination.

None of the petitioners have secured 50 per cent in the competitive examination.

The bench found that the admission of these students are in ‘clear violation’ of MCI regulations. The norms are mandatory and such mandatory nature stands recognised by Supreme court.

Consistency in the matter of applications of regulations to higher education including medical education is a matter that is salutary, the bench pointed out. Any dilution to that will adversely affect the fundamental needs of society for quality in health sector and will undermine the purpose of such regulations, the bench pointed out.

George Paul of the Interchurch Medical Council said the judgement will affect 88 students - 52 in christian management run institutions and 36 in colleges run by Mulsim Education Society (MES).

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