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Medical council of India cannot interfere in NRI admission quota, rules SC


Medical council of India cannot interfere in NRI admission quota, rules SC

Medical Council of India does not have the power to interfere in the determination of quota for NRI seats in medical colleges, run by deemed universities, a recent Supreme Court judgement held.

 The observation can as a part of a Supreme Court judgement that declared a direction issued by the Medical Council of India(MCI), to Manipal University to refrain from making admissions to the 103 NRI seats (made in excess of 15% NRI quota that has been defined by MCI) for the years 2005 to 2008 has been held as “Ultra Vires and without jurisdiction”  .

There is no dispute that this Court permitted the Medical Colleges to admit NRI students to the extent of 15 per cent of their quota. There is also no dispute that the Appellant made admissions beyond 15 per cent to the NRI quota of the total intake.

The question is whether the second Respondent ( MCI) has jurisdiction to restrict admissions to the NRI quota on the ground that the Appellant acted in violation of the interim orders of this Court. ……

A bench of Justices S A Bobde and L Nageswara Rao held.

Exercise of power by an authority has to be within the contours conferred by the statute and for the purpose of promoting the objectives of the statute. There is no express power conferred on the second respondent (MCI) in the Medical Council of India Act to interfere in the allocation of quotas for sub-categories

Manipal University, a deemed university and petitioner in the case, was challenging the direction issued by the MCI, citing the directions of the Supreme Court regarding the admission of NRI/ foreign students.  in 2005, asking it not to make admissions in the NRI quota for 37 MBBS seats in the year 2005-2006, 37 seats for 2006-2007 and 29 seats in 2007-2008 at Kasturba Medical College, Manipal.

Manipal filed an appeal against the High Court refusing to interfere with the direction by the Medical Council of India to withdraw the recognition of MBBS degree granted by the second respondent for not following the directions of the Supreme Court regarding the admission of NRI/ foreign students.

 After going through the arguments, the Apex court further observed that the appellant being a Deemed University is governed by the provisions of the UGC Act and the competent authority to take any action for violation of the provisions of the Act regarding maintenance of standards is the University Grants Commission, and not the MCI.

Thus holding that the stated direction by the MCI as illegal it held :

“It is no doubt true that the MCI has a duty to ensure merit based selections. However, no direction can be issued .

The court then set aside the direction issued by the MCI to the university not to make admissions to the extent of 103 NRI seats for the years 2005 to 2008, declaring the MCI directions ultravires and without jurisdiction

Attached is the judgement below


Source: with inputs
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    Balbhadra Dhagat July 10, 2017, 8:25 pm

    Name a University & the Courts will accordingly pronounce the judgment!