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Enhanced intake: MCI, Centre’s decision quashed

Published - August 25, 2014 11:38 pm IST - Bangalore

The High Court of Karnataka on Monday quashed the decision of the Medical Council of India (MCI) and the Union government refusing approval to continue the enhanced intake of nearly 300 seats for the MBBS course granted in favour of seven private medical colleges in the State during previous years.

The court directed the MCI to reassess the compliance reports submitted by the colleges on the deficiencies identified during inspections and send recommendations to the Union government by September 3.

The Union government will have to pass appropriate orders by September 6 based on the MCI’s recommendation.

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Justice A.S. Bopanna passed the order on petitions filed by Kempegowda Institute of Medical Sciences, Bangalore; Al-Ameen Medical College and Hospital, Bijapur; Yenepoya Medical College; K.S. Hegde Medical Academy, Mangalore; JSS Medical College, Mysore; Jawaharlal Medical College, Belgaum, and Siddartha Medical College, Tumkur.

“It is not only the persons administering the institutions concerned who are affected, but also students who may secure a MBBS seat if an appropriate consideration is made and if the increased seats are available,” the court observed, while finding that the MCI failed to adhere to the prescribed law in the process of grant of approval.

The MCI had granted enhanced intake in the range of 20 to 50 seats per college from the past two to four academic years in addition to the existing 100 seats.

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As the colleges sought approval for enhanced intake for the academic year 2014–15, the MCI had inspected them early this year and found some deficiencies.

However, the colleges had submitted reports for having rectified the deficiencies identified by the MCI. The colleges had alleged that the MCI refused to consider reports citing that it can’t consider grant approval after June 15, 2014 in view of the Supreme Court’s deadline.

The court said that the MCI should have carried out initial inspection of these colleges well in advance, and should have pointed out deficiencies early so that the colleges had sufficient time to rectify them.

Though the Union government had asked the MCI to re-assess the deficiencies, the MCI had refused to do so compelling the government to issue letters on July 15, 2014 refusing approval for continuing enhanced intake.

Meanwhile, the court noted that the MCI had granted conditional approval after expiry of apex court’s deadline with respect to government colleges and certain private colleges.

The court also passed a similar order in the case of Akash Institute of Medical Sciences, Devanahalli, a new college, which is seeking permission to admit 150 students from this academic year.

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