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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.Singh, Venkatesh Naik T.
Tisa Robinson, W/o Justin Thomas T. – Appellant
Versus
National Medical Commission, Represented By Its Secretary – Respondent
| Table of Content |
|---|
| 1. similar facts and admission processes in medical college cases (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. invalidity of admissions without proper counseling procedures (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. nmc requirements for valid admissions and counseling (Para 14 , 15 , 16 , 17 , 18) |
| 4. regulatory standards governing medical admissions; penalties for violations (Para 19 , 21 , 22) |
| 5. conclusions on admissions being illegal and consequences (Para 24 , 25 , 26 , 27) |
| 6. final determination and directives regarding illegal admissions (Para 28 , 29 , 30) |
ORDER :
D K SINGH, J.
These three writ petitions have similar facts and same questions of law, therefore, they are heard together and are being disposed of by this common judgment. The brief facts of each petition are stated here under.
W.P.No.28510/2024
2. The two petitioners in this petition had appeared in NEET-PG 2023 for admission in the post graduate medical courses. Though the petitioners had participated in the online counseling sessions but did not get admission in any college for pursuing post graduate medical courses. The 6th respondent - College namely, Kannachur Institute of Medical Sciences had admitted the 1st petitio
Admissions to postgraduate medical courses must comply with established counseling regulations; deviations render them illegal and unregularizable.
Admission into Postgraduate Course in Dental Sciences – Undue sympathy would lead to perpetuating illegality and giving premium to students who got admissions illegally.
Educational institutions must adhere strictly to statutory admission processes, as non-compliance undermines educational quality and is deemed illegal.
The court emphasized the application of Rule 12 (8) (ka) of the M.P. Medical Education (Admission) Rules, 2018, which governs the inclusion of vacant seats in subsequent rounds of counselling.
The right to establish a nursing institution does not guarantee student allotment after the statutory admissions process has concluded, emphasizing strict adherence to timelines for counseling.
Admissions in educational institutions must strictly adhere to centralized counselling processes as mandated by precedents to maintain fairness and transparency in selections.
The main legal point established in the judgment is the importance of strict adherence to the admission schedule prescribed by the Medical Council of India's Regulations 2000 and the principle of mer....
The right to establish a nursing institution does not equate to entitlement for student allotment once admissions under the regulatory framework have concluded.
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