Nearly 110 students of a private medical college in Tiruvallur district lost a second round of battle before the Madras High Court on Monday.
Upholding a single judge’s order, a Division Bench rejected their plea to restrain the Medical Council of India and the Tamil Nadu Dr. MGR Medical University from treating their admission to MBBS course in 2012-13 as illegal. The students, V. Kameshwaran and others, who were studying in DD Medical College and DD Hospitals at Kunnavalam, had sought a direction to treat them on a par with students of 2010-11 till the Supreme Court decided on some Special Leave Petitions filed by the MCI.
They wanted to appear for the examinations scheduled for this month.
Hall tickets refused
However, the university refused hall tickets citing the MCI statement that the college had admitted students to MBBS course for 2011-12 and 2012-13 without its permission. Hence, they filed a writ petition.
On July 30, a single Judge dismissed the plea holding that the medical council had refused to grant permission to the college as it did not have necessary infrastructural facility to admit students for 2011-12 and 2012-13. The Judge said that as the students had studied in an ill-equipped institution without essential facilities, the court could not permit them to write the examination on sympathetic grounds.
Challenging the single Judge’s order, the students filed the present writ appeal.
Dismissing the appeal, a Division Bench comprising Justices R. Banumathi and T.S.Sivagnanam said the single Judge had rightly dismissed the petition by following various decisions of the Supreme Court wherein the practice of permitting students to pursue their studies and appear for examination based on interim orders was deprecated, as it would amount to subversion of law leading to serious impasse in academic life.
The institution did not have extension of approval from MCI for the academic years 2011-12 and 2012-13. Unless the institution provided all facilities and infrastructure to the MCI’s satisfaction, the question of admitting students did not arise.
While the factual position remained thus, the question of granting an interim permission for students who had been illegally admitted by the college to sit for the exam did not arise.