Permitted Versus Recognised Seats: Uttarakhand HC gives relief to GMC Haldwani

The decision was based on an impleadment application filed MBBS doctors who sought admission in PG medical courses in the state. They sought the court's intervention over in the December 2019 order which directed halt to admission to PG seats at the GMC Haldwani. At that time, petitioners were undergoing post-graduation courses in Sushila Tiwari Medical College, Haldwani, although, for the MD Radiology, permission was granted to the medical college, it was subject to certain conditions. As these conditions were not fulfilled by the medical college, in spite of reminders, the MD Radiology course was derecognized by the Medical Council of India. As their course stood derecognized, they had approached this Court for appropriate relief.

The court had said that only those courses which have been recognized by MCI will be admitted. It is to be mentioned that the Medical Council of India (MCI) first permits to conduct the course, then gives recognition.

The MCI had pointed out several deficiencies which have not been removed by the Government Medical College, Haldwani in order to get recognition. The medical college did not have sufficient teaching staff and other facilities. Yet for a course of MD (Radiology) which was still to get recognition from the MCI, the GMC kept advertising, it for admission purposes and students were being admitted to this course.

Based on hearing, the HC had held;

Till the valid recommendation is taken from the Medical Council of India, the Government Medical College, Haldwani will not advertise or admit on the seats for MD (Radiology) or any other seats which has not been recognized by the Medical Council of India.

Meanwhile, it is open for the Government Medical College, Haldwani to remove all the deficiencies and apply for fresh recognition."

The primary concern of the HC in passing the above order was that students should not waste their time and energy in a course, which may be of no use to them later, as it has no recognition of the Medical Council of India.

However, the present petitioners were affected by the said order primarily of what was contained in above conclusion, as it prohibits the medical college to take admission on any seat which has not been recognized by the Medical Council of India.

Hence, the doctors moved the petition.

During the recent hearing, the HC bench of Honourable Justice Sudhanshu Dhulia was informed by the counsels of the petitioner doctors and the MCI that there is some journey which is taken by the medical college between the permission it receives from the Medical Council of India and the final recognition it gets.

There are presently many seats in the medical college at the postgraduation level for clinical as well as non-clinical courses, for which they have been given a valid permission from the Medical Council of India, but recognition has not yet been given.

Merely because recognition has not been given as yet, but since the medical college has permission to conduct the course, the learned Counsel for the Medical Council of India informed the Court that actually there is no legal impediment to admit the students on these courses.

Noting that presently, the counselling for filling of seats for the post-graduation courses is underway, the court allowed the current plea purely in the interest of justice while ordering:

Para 9 of the interim order dated 16.12.2019 will stand substituted by the following paragraph:

"9. Till the valid recommendation is taken from the Medical Council of India, the Government Medical College, Haldwani will not advertise or admit on the seats for MD (Radiology) or any other seats which has either been derecognized by the Medical Council of India or for which there is no valid permission by the Medical Council of India."

The bench made it clear that the Government Medical College, Haldwani shall not fill the seats for MD Radiology course, as it has been derecognized by the Medical Council of India.

The learned Chief Standing Counsel had given an assurance to the Court that he shall promptly inform the Principal of the Government Medical College as well as the State Authorities so that today itself the order brought to their notice and to the notice of the concerned students that these seats are now in the open market for counselling.