The Supreme Court has decided to lay down deterrent measures against “last-minute” litigation in medical admission matters, saying approaching courts in the eleventh hour upsets the mental equilibrium of thousands of students and leaves admission procedures in colleges across the country in a tizzy.
“This court is compelled to take note of the annual recurrence of this kind of litigation which creates high pressure and anxiety for the students, medical institutions and all concerned,” a Bench of Justices S.A. Bobde and L. Nageswara Rao observed in a September 22 order.
The Bench was dealing with a petition filed by private medical colleges, including Al Azhar Medical College and Super Specialty Hospital in Kerala, which were denied permission by the Centre to admit students in the MBBS course for the academic year 2017-18.
The Bench’s suggestion for deterrent steps against cases being filed to delay or de-rail medical admissions was met with approval from across the legal community.
“All the learned counsel appearing for the parties agreed that it is high time some deterrent measures be laid down for the colleges and the State authorities from doing acts which generate such last-minute litigation. We therefore consider it appropriate to post the matter for further hearing and orders on such measures on a later date,” the order observed.
The court posted the case in December 2017 for pronouncing orders on deterrent measures which would be taken.
The Kerala government counsel said the Centre’s denial of permission affected the future of about 400 students who were given provisional admission. Taking note that it did not want to leave the future of the students in limbo, the court said it would not intervene on that aspect.
It further found that “the deficiencies in the colleges are marginal and the colleges are largely compliant.” The court ordered that the college managements must offer the institutions for inspection by the Medical Council of India within a reasonable time well before the next academic year.
