MBBS Admissions 2023: Telangana HC upholds NMC Directive on Institute-level Counselling, refuses relief to aspirant
Telangana High Court
Hyderabad: After the Bombay High Court, the Telangana High Court has now upheld the National Medical Commission's decision of not allowing MBBS admission conducted at the institute level.
With this opinion, a two-judge bench of the Telangana HC comprising Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar dismissed the plea of an MBBS aspirant, who was admitted by Apollo Institute of Medical Sciences & Research, through an offline mode.
The HC bench referred to the NMC directive issued in light of the Supreme Court Order dated 20.07.2017, which held that an institute filling up the vacant seats is contrary to Regulation 5A of the Regulations, which govern the MBBS admission.
"Thus, the admission of the petitioner to the MBBS course is not in accordance with law," observed the bench further noting that the special round of counselling has been held in pursuance of the directions issued by the Supreme Court. At this outset, the bench also observed that the petitioner also participated in the special round of counselling and was allotted a seat on 10.11.2023.
The concerned aspirant was admitted by the Apollo Institute of Medical Sciences & Research on 30.09.2023 through an offline mode. Meanwhile, through an order dated 30.10.2023, the Supreme Court bench issued a direction to conduct a Special Stray Vacancy Round for admission to MBBS UG course. Consequently, NMC issued a notification on 07.11.2023 by which unfilled seats were directed to be filled up through special round of counselling.
Filing the plea under Article 226 of the Constitution of India, the petitioner challenged the validity of the notification dated 07.11.2023, issued by NMC by which the Commission refused to approve the admissions made by the medical institutes to the vacant MBBS seats and directed that the counselling for the vacant seats shall be held as per fresh extension of counselling in light of Supreme Court order in the case of Ashish Ranjan and Others v. Union of India and others.
The counsel for the petitioner submitted that the petitioner was admitted in accordance with G.O.Ms.No.117 Health, Medical and Family Welfare Department dated 20.07.2017, which permitted the institution to fill up the seats after all rounds of counselling are held.
Further, the petitioner's counsel submitted that the petitioner was admitted to MBBS course in accordance with the Telangana State Unaided Non-Minority Professional Instututions (Regulations of Admissions into Under Graduate Medical and Dental Professional Courses) Rules, 2007 and the interest of the student has to be protected.
On the other hand, the counsel for NMC submitted that the concerned G.O. Dated 20.07.2017 is contrary to Regulation 5A of the Medical Council of India Regulations on Graduate Medical Education, 1997 and it is also contrary to the decision of the Supreme Court. At this outset, the NMC Counsel placed reliance on the decision of the Supreme Court in Medical Council of India v. State of Karnataka and Others.
The Court noted, "Admittedly, the direction has been issued by the National Medical Commission in the light of the order dated 30.10.2023 passed by the Supreme Court in Ashish Ranjan’s case (supra). G.O.Ms.No.117 dated 20.07.2017, which permits the institution to fill up the vacant seats is contrary to Regulation 5A of the Regulations, which governs admission to MBBS course. The aforesaid Regulation provided that a common counselling in respect of All India Quota seats shall be held by the designating authority and the remaining seats shall be filled up by the State Government. The Regulations framed by the Medical Council of India prevail over the 2007 Rules, which have been framed by the State Government."
Holding the admission of the petitioner was contrary to the law, the bench further observed, "Thus, the admission of the petitioner to MBBS course is not in accordance with law."
"Even otherwise, the special round of counselling has been held in pursuance of the directions issued by the Supreme Court. It is also not in dispute that the petitioner has participated in the special round of counselling and has been allotted a seat on 10.11.2023," it further noted.
Medical Dialogues had earlier reported that recently a similar opinion was expressed by the Bombay High Court, which upheld the NMC stand regarding institute-level counselling and denied relief to two of the 141 MBBS aspirants who were admitted for the course at the institute level counselling, violating the NMC norms.
To view the Telangana HC order, click on the link below:
https://medicaldialogues.in/pdf_upload/telangana-hc-order-225583.pdf
