‘Measures needed to minimise cases over college admissions’

In these writ petitions, this court was 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...it is high time some deterrent measures be laid down

SUPREME COURT BENCH

NEWDELHI: Annual litigation concerning medical admissions builds pressure on students and increases their anxiety, the Supreme Court has said while stressing the need to have deterrent guidelines to minimize cases filed around this time of the year.

The concern came from a bench of justices SA Bobde and LN Rao when it was hearing petitions on Friday by Kerala-based institutions challenging Centre’s refusal to permit them from conducting classes in the 2017-18 academic year.

The private medical colleges complained the permission was denied due to “minimal” deficiencies.

During the hearing, the bench spoke of how differences between colleges and government authorities over grant of permission to admit students every year leads to a spurt in litigation, leaving the students in a lurch. Even in the case before it, fate of 400 medical aspirants was at stake.

SC is flooded with petitions filed by private medical institutions around the admission time. These cases get instituted when colleges do not get approval from medical regulator – Medical Council of India (MCI) and the Centre to admit students for failing to meet the standards MCI has prescribed.

Whether an institution conforms to the parameters is checked by the MCI through an inspection.

“In these writ petitions, this court was 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,” the court said in its written order.

After discussing the issue with lawyers representing the government, MCI and colleges, the bench said: “..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.” SC will now take up the matter in December.

While disposing the case at hand, the bench allowed the colleges to continue with the present academic year.

It expressed surprise on learning that the Centre had refused permission despite noting the deficiencies were not substantial. In the case of a particular college the Centre had also found the explanation for not being able to overcome the deficiencies convincing.

Taking note of the Kerala’s submission that it would be difficult for 400 students to obtain admission at this juncture, the SC did not uphold the MCI and Centre’s decision.

However, the colleges were directed to remove the “marginal deficiencies” within a reasonable time period.