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NEET PG: Karnataka HC slams Medical Colleges for illegal admissions, directs NMC action

Karnataka High Court
Bengaluru: Refusing to regularise the illegal admission of four postgraduate medical students at Kanachur Institute of Medical Sciences, Mangaluru and KVG Medical College and Hospital, Sullia, the Karnataka High Court recently directed the National Medical Commission (NMC) to take appropriate action against the two institutes.
This direction was issued by the High Court bench while considering the petitions filed by the students. Among the four students, 1 was from Thrissur, Kerala, 1 from Kolhapur (Maharashtra), and 1 from Thiruvallur (Kerala) were admitted to Kanachur Institute for PG medical courses in Pathology, Radiology and Orthopaedics, respectively. Meanwhile, 1 medico from Bengaluru was admitted to the KVG College for the Orthopaedic course.
Approaching the High Court bench, these students challenged the communication dated March 11, 2024 issued by the Karnataka Examinations Authority (KEA) stating that the admissions were not in terms of the guidelines of the Postgraduate Medical Education Regulation, 2023 (PGMER).
As per the latest media report by Deccan Herald, in response to the pleas, Kanachur Institute submitted before the Court that it had surrendered two seats, one each in Radiology and Orthopaedics, to the KEA. Further, it said that since the KEA did not include the petitioners in the counselling, they were admitted. Regarding the Pathology seat, the college submitted that the admission was made against a vacant seat.
KVG Medical College submitted to the Court that the MS (Orthopaedics) seat was given to the petitioner student following the last-minute cancellation of admission by the student, who was earlier admitted.
While the colleges justified the admissions, the counsel for the Department of Medical Education submitted that the Kanachur Institute submitted a letter on October 30, 2023, surrendering two seats- one in MS Orthopaedics and another in MD Pathology. However, the letter was withdrawn after the seal was affixed and therefore, the seats were not surrendered. The counsel for DME argued that the college had misled the court by falsely stating in the affidavit that it had surrendered two seats.
After taking note of the submissions, the division bench of the High Court observed that Kanachur Institute filed a false affidavit stating that it surrendered the two seats on October 30, 2023.
Apart from this, the Court also observed that no admission to a postgraduate course by any medical college could be regularised if the admission had not been made through the counselling process.
Accordingly, the HC bench issued directions to the NMC to take appropriate action against the two medical colleges for admitting the students to postgraduate medical courses illegally.