Litigation in Medical Education: MCC alone deals with more than 400 Cases per year

New Delhi: The Medical Counselling Committee (MCC), operative under the Union Directorate General of Health Services (DGHS), alone has to deal with nearly 400 cases concerning admission to UG and PG medical admission on yearly basis.

With such hundreds of cases pending from high courts to supreme court, the admission season gets marred by litigation in court, from students wishing to become doctors to doctors who aspire to become specialists and super-specialists. Sometimes, these cases involve other stakeholders as well and the stakes are high too, reports TOI.

Medical Dialogues had earlier reported that taking note of the fact that a large number of cases concerning NEET and medical admission reach the Supreme Court, the Chief Justice of India DY Chandrachud recently observed how this indicate towards the need for reforms in medical education.

"Several cases challenging National Medical Commission's decisions or cases relating to NEET have found their way to my bench at the Supreme Court. Often, courts cannot enter policy domain and it is the duty of the state to listen to the representations made by the students. However, whenever injustice is done, it becomes our bounden duty to intervene. The sheer volume of litigation of NEET cases is indicative of the hopes and aspirations of millions of students. It is proof that medicine is one of the most sought-after professions in India. Yet, the litigation is also symbolic of the need for reforms in medical education in India," the CJI had observed while he was delivering the 19th Sir Ganga Ram Oration.

Also Read: Litigation over NEET cases

As per the latest media report by the Times of India, in the past four years, the number of aspirants who got themselves registered for the NEET entrance examination increased by around 25%. Last year, around 17.6 lakh students appeared for the test. Taking into account the direct ratio of students to medical seats, 33 are vying for a single seat in a government college.

Referring to the litigations in medical education sector, the former director of Maharashtra Directorate of Medical Education and Research, Dr Pravin Shingare informed TOI that NEET PG witnesses more litigation.

"The ratio of PG to UG cases could be 9:1. There is a lot of emphasis on students bagging a PG degree, from parents, and even from the college. For colleges, more students going for higher studies gives them brownie points in the accreditation process. There is also a general sense of feeling that only an MBBS degree is of no consequence. This, though, is ruining the study culture," Shingare said.

"Instead of focusing on their one-year internship, most good students are spending time on NEET preparation. We hear of cases of students manipulating their internship completion certificate," he pointed out.

This year also, several cases were filed before the High Courts and Supreme Court seeking postponement of NEET-PG examination, which was conducted on March 5, 2023.

Referring to this, parent representative Sudha Shenoy told the daily, "There is no uniformity in the schedule followed by different states, even as there is one central exam for all. Students have to mandatorily complete their internship to be eligible for a PG seat, but the internship deadline in all states differ. What is the point of completing the exam in March and waiting till July and August for the counselling round? Such policy decisions are not student friendly, and therefore are met with opposition."

While commenting on the matter a PG student pointed out how the number of seats are lesser at PG level and added, "Many prefer dermatology, radiology and medicine over other courses such as surgery at the PG level. For these popular courses, there are one or no seats in top colleges."

Meanwhile, addressing the matter, the former member (board of governor), erstwhile Medical Council of India and dean (projects) at Tata Memorial Hospital, Dr Kailash Sharma told the daily that apex bodies including the National Medical Commission, MCC and Government of India should provide clarity in this regard.

"Similar cases in lower courts should be bundled and heard by the apex court that will also reduce the time spent on each case," he mentioned.

Also Read: NO NEET PG 2023 Postponement: Supreme Court