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Supreme Court refuses to entertain Medical Colleges LOP petitions

Supreme Court refuses to entertain Medical Colleges LOP petitions

New Delhi: Doors of the Supreme Court were shut on the college rush at its doorstep seeking to fill MBBS seats for this academic session alleging discrepancies in the MCI’s scrutiny of their infrastructure and faculty strength.

The medical college’s that gathered at the apex court’s door step seeking relief was a result of the succor provided by courts to a few medical colleges to admit students to the 2017-18 academic year.

The Royal Medical Trust petition was one of the many to be rejected by the bench of Chief Justice Dipak Misra and Justices Amitava Roy and A M Khanwilkar. It had earlier been denied permission by the Centre to admit students despite approval by the court-appointed oversight committee headed by ex-CJI R M Lodha.

The bench said that the Letter of permission for the year 2017-18 was denied to the Royal Medical Trust’s Kerala Medical College and Hospital.  Declining to entertain any more petitions on the issue, from any medical college, the court made the following observations

a) We direct that the order passed in the present writ petition shall be applicable hereafter for the academic session 2017-2018 since the cut off date for admissions to MBBS course for academic session 2017-2018 is over and the academic session has commenced. No petition shall be entertained from any institution/college/society/trust or any party for grant of LOP for 2017-2018. We say so as the controversy for grant of LOP for the academic year 2017-2018 should come to an end and cannot become an event that defeats time. The students who are continuing their studies on the basis of LOP granted for the academic year 2016-2017 should be allowed to  continue their studies in the college and they shall be permitted to continue till completion of
the course.

(b) The applications submitted for 2017-2018 shall be treated as applications for 2018-2019 and the petitioners shall keep the bank guarantee deposited with the Medical Council of India alive and the MCI shall not encash the same.

(c) The Medical Council of India shall conduct a fresh inspection as per the Regulations within a period of two months. It shall apprise the petitioner-institution with regard to the deficiencies and afford an opportunity to comply with the same and, thereafter, proceed to act as contemplated under the Act.

(d) The inspection shall be carried out for the purpose of grant of LOP for the academic session 2018-2019.

(e) After the Medical Council of India sends its recommendation to the Central Government, it shall take the final decision as per law after affording an opportunity of hearing to the petitioners. Needless to say, it shall take the assistance of the Hearing Committee as constituted by the Constitution Bench decision in Amma Chandravati Educational and Charitable Trust (supra) or other directions given in the said decision.

Source: with inputs
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