MBBS aspirants have to be informed if denied approval for admission: Kerala HC

KOCHI: The Kerala High Court has recently directed the self-financing medical colleges to intimidate the MBBS aspirants if they do not get an approval for their admissions from the admission supervisory committee (ASC) or the State Government. It has been further directed that the candidates should be communicated individually about the ASC or the state government's order via registered post individually.

The order comes following a petition filed by an MBBS aspirant who obtained admission under NRI quota in 2016-17. However, the candidate was kept uninformed about the cancellation of his admission as the ASC did not approve the same.

In his contention, the student's counsel stated that the student's cancellation of approval by the ASC was informed to him only after eight months. Due to the lack of information about the denial of approval, the ASC's order could not be challenged at the relevant time. It was also pointed out that the medical college had challenged non-approval of admissions to the high court and the Supreme Court.

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On the other hand, ASC's counsel contended that complete details are available on its official website and that the college was instructed to inform the MBBS aspirants, as is the usual practice.

A division bench consisting of Justices K Vinod Chandran and V G Arun while deliberating the issue stated that ASC should ask for addresses of candidates from colleges and prejudicial orders by the ASC or the state government should be communicated to the students individually by registered post.

The court in it's order stated, "We notice that the students, if prejudiced by an order passed by the committee has to be informed of the same by a communication lest the student is kept unawares, for reason only of the college having not communicated the issue to the student despite directives issued by the committee."

"We have also noticed many instances, where the college without informing the student raises a challenge before court and after dismissal by this court or by the Supreme Court, the students coming before this court seeking interference to the orders passed by the committee, which already stands affirmed in the proceedings initiated by the college. The student then is left with no remedy, which has to be avoided," the order added.

With the said orders, the self-financing medical colleges will now have to inform the candidates if their admissions are not approved by the ASC or the State Government, reports TOI.

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