Justice N. Kirubakaran of the Madras High Court has imposed ₹1 crore each as costs on the Tamil Nadu government and the Medical Council of India (MCI) for failing to secure 50% of post-graduate medical seats from non-government medical institutions, including deemed universities all these years.
Justifying the costs imposed the judge said, “Exemplary cost has been imposed only to make the authorities to follow the laws, especially when they are discharging public functions. Any negligence/default would affect many meritorious students and their valuable right to education as guaranteed by the Constitution. Cost is imposed only to deter the authorities as well as the institutions discharging public functions from violating the rule of law. Unless every procedure is put in place and a well-oiled mechanism is made operational, all the stakeholders and beneficiaries will be put to unnecessary hardship which has to be avoided.”
‘Pay due within 4 weeks’
According to the direction, the costs on State shall be payable to the Archaeological Survey of India (ASI) which can utilise the same for excavation at Keezhadi in Sivaganga District, and the costs on MCI shall be paid to the Spastics Society of Tamil Nadu (institute to empower persons with disabilities), Taramani, Chennai, within four weeks. The issue pertains to a batch of pleas moved by graduate doctors aspiring for post-graduate courses in the State quota seeking direction to the State government and the MCI to appropriate 50% of seats in the recognised post-graduate degree and diploma courses in respect of each specialty from private medical institutions including deemed universities as mandated by law and make admission on the basis of the merit list to be prepared based on the NEET PG 2017 marks, in compliance of the Post Graduate Medical Education Regulations, 2000.
‘Against SC ruling’
Pointing out the failure on the part of the State government to follow the mandate, Justice Kirubakaran said though the State had issued three prospectus for admission to PG medical courses — for admission to Tamil Nadu Government Medical College/Government seats in self-financing medical colleges, for admission to management quota seats in self-financing medical colleges, and for common counselling to deemed universities — it had deliberately left out 50% State quota in deemed university by issuing separate prospectus for them only for common counselling.
Even in the list of colleges given in the prospectus, the deemed universities are not included, he added.
He pointed out that the three different counselling fixed by the State itself is in violation of the judgment of the Supreme Court and said, “As per the Regulation, there should be centralised common counselling by the State except for the all—India quota, which would be done by the Director General of Health Services, New Delhi.”
But the State contended that deemed universities could not be compelled to share 50% seats with the State in view of the order of the Supreme Court in the P.A. Inamdar case.
Countering this, the judge relied on Article 15 (5) of the Constitution and said, “This particular clause was brought in to overcome the legal bar created by the apex court in the T.M.A. Pai Foundation case and the P.A. Inamdar case. It is clear that the deemed universities excluding the minority institutions are bound by the seat-sharing regulations framed by the MCI.”
Court pulls up MCI
The judge also pointed out the fact that when the other States have acted upon and included 50% State quota seats in deemed universities, only Tamil Nadu government had “deliberately, much against the public interest, definitely for extraneous considerations” not demanded or included 50% seats which is “condemnable and deprecated.”
The court pulled up the MCI for its deliberate failure to implement its own regulations. “All the stakeholders involved have acted with hidden agenda for benefiting some private players, defrauded and caused irreparable loss and injury to the meritorious and poor meritorious students of the respective States,” Justice Kirubakaran said.
As for the 15% NRI quota filled by such institutions, the court cited two communications of the Union government dated March 10 and April 6, 2017, informing all the State governments that for all the seats including NRI quota seats, a common counselling should be done.
Noting that in view of the decision taken by the Central government, even NRI quota seats should be part of the common counselling, the judge said, “If any admission has been made under the NRI quota without common counselling, the same shall stand cancelled.”
