MCI to Supreme Court- Kerala MBBS Admissions against Article 14 of Constitution
Kochi: The Medical Council of India(MCI), has charged the state government of violating Article 14 of the Constitution by the promulgation of the Kerala Professional Colleges (Regulation and Admission in Medical Colleges) ordinance, 2017 in the Supreme Court.
The Apex Medical Council has stated that in the apex court that through the ordinance the state is trying to regularize admissions in Kannur Medical College and Karuna Medical College, Palakkad, for the academic year 2016-17, which is otherwise not possible in any other manner; thereby fulfilling the demands of the colleges. The Council ’s writ petition has also questioned the very basis on which the Kerala government has passed the ordinance reported the Deccan Chronicle.
Following are the points raised by the MCI:
*Whether the ordinance is unconstitutional as it is promulgated to overcome a judgment of the Supreme Court?
*Whether illegal admissions made by a medical college, which were invalidated by courts, can be legalised by promulgating an ordinance?
*Whether it is Constitutionally permissible for the state government to pass an ordinance which would have the effect of nullifying the orders of the High Court and the Supreme Court?
*Whether Constitutional propriety demands that the ordinance making the power of the state legislature should not be exercised to benefit a certain category of persons?
The petition was put up to the court on Wednesday, which postponed it for next Monday.
In an earlier story done by Medical Dialogues it was reported that the Kerala Former Justice, Supreme Court P. Sathasivam, the former Chief Justice of India and the present Governor of Kerala, had signed the ordinance introduced by Kerala Government to regularize admissions in two self-financing medical colleges, which had earlier been cancelled by the Supreme Court. Ironically, the Governor had earlier, returned the Ordinance without signing, citing legal anomalies. The ordinance introduced by the Kerala government is meant to regularize around 180 admissions to MBBS seats for the academic year 2016-17 in Kannur and Karuna Medical Colleges, which were cancelled by the Apex Court on the ground that they were made in a non-transparent and arbitrary manner
The Ordinance holds the 180 applicants of the two colleges innocent stating that the ones who applied are not to be blamed for the cancellations.
Read also:Kerala Gov signs Ordinance to Nullify SC Order, regularise Kannur, Karuna medical admissions