State ordered to take 50% PG medical seats from private colleges

Justice N Kirubakaran on slamming the MCI for failing to oversee that the regulation framed by it was implemented and the state for its wanton failure in demanding its share of 50 per cent seats, said, “Exemplary cost has been imposed only to make both MCI and state 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.”

In a hard-hitting order, decrying the way medical education has become utterly commercialised, Justice Kirubakaran directed the state government to appropriate 50 per cent Postgraduate medical seats in respect of each specialty from non-governmental medical institutions in the state, excluding minority institutions as state quota and make admission based on NEET merit list through centralised counselling. 

The Judge also set aside the 15 per cent NRI quota by non-governmental medical institutions (barring minority institutes) in the state and directed them to surrender such seats. He also held that the state government’s ‘Prospectus for common counselling to Postgraduate degrees/diploma courses in Deemed Universities in Tamil Nadu 2017-2018 session’ is quashed as it does not appropriate 50 per cent state quota seats from deemed universities. 

The order also directed the state to notify in website the availability of seats in each college, complete fee structure of all non-governmental institutions including Deemed Universities, list of candidates absent during counselling, list of candidates who have not joined in government/non-governmental institutions including Deemed Universities and details of seats allotted under NRI quota (specialty wise).

The Judge, while imposing costs, directed the state to pay Rs 1 crore to Archaeological Survey of India for utilising the same for Keezhadi excavation in Sivaganga district within 4 weeks, while MCI has been directed to pay Rs 1 crore to the Spastics Society of TN (Institute for Differently Abled). Further, Justice Kirubakaran also held that mere framing of regulations by MCI is not sufficient and it is its duty to oversee that the regulations are followed by all concerned. He also noted that right from the year 2000, no efforts were taken to oversee it. 

The controversy over award of incentives to in-service candidates for PG medical admission, which had got the government doctors up in arms is set to be decided one way or the other on Wednesday. The special bench constituted by the Madras High Court, which had an elaborate hearing on Tuesday, has reserved its orders for Wednesday. A bench of Justice KK Sasidharan and Justice MS Subramanian heard he appeals filed by the state as well as the aggrieved doctors in government service.