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High Court of Kerala
V. CHITAMBARESH
Dr. Pournamy Mohan & Others
Versus
State Of Kerala & Others
WPC.No. 15103 of 2011 (K)
Decided On : 15-01-2012
seat sharing - management of self financing medical colleges - MCI Regulations - Ext.R3(a) Medical Council of India Post Graduate Medical Education Regulations, 2000 - Ext.R3(d) order of the Supreme Court - Ext.R1(i) prospectus - Ext.P3 order - Ext.R1(c) No Objection Certificate - Ext.R1(b) order of the Government
Fact of the Case:
The case revolves around the sharing of seats between the management of self financing medical colleges and the Government for the Post Graduate Medical Courses, 2011. The petitioners had admitted students for the 50% quota originally offered to the Government, which was later directed to be cancelled by the Government.
Finding of the Court:
The court found that the Government was justified in issuing orders directing the self financing medical colleges to cancel the admissions made in the 50% State quota. The petitioners were estopped from raising a plea against sharing seats with the State, as they had previously expressed willingness to accept students allotted by the Government.
Issues: The main issue was the sharing of seats between the management and the State, and the validity of the MCI Regulations in this context.
Ratio Decidendi: The court held that the MCI Regulations, as well as the orders of the Supreme Court, governed the admission process for medical colleges and could not be flouted. The petitioners' challenge to the methodology of sharing seats was dismissed for non joinder of necessary parties.
Final Decision: The writ petitions challenging the sharing of seats and the methodology of sharing seats were dismissed by the court.
V. CHITAMBARESH, J.
1. The issue boils down to the sharing of seats between the management of various self financing medical colleges and the Government for the Post Graduate Medical Courses, 2011. All these writ petitions are connected and I shall refer to the exhibits and parties in W.P.(C) No.16421 of 2011 filed by Kerala Christian Professional College Managements' Federation and another for the sake of convenience.
2. Ext.R1(c) is the No Objection Certificate issued by the government to start Post Graduate Courses as a pre-requisite for the grant of Essentiality Certificate and it inter alia reads as follows:-
"It is stated that Government have No Objection in starting Post Graduate courses by the Jubilee Mission Medical College & Research Institute, Thrissur, subject to the conditions that the institution shall fulfill all the requirements as fixed by the Medical Council of India and to share 50% of the seats to Government Merit Quota ...... (emphasis supplied)
Ext.R1(i) is the prospectus later issued by the Kerala Christian Professional College Managements' Federation for admission to MD/MS/PG Diploma Courses -2011. Clause 1.4 therein is as follows:-
1.4 This prospectus contains the rules and regulations applicable for selection and admission for academic year 2011 to MD/MS/PG Diploma Courses in the Member colleges listed above Note:- As per the MCI norms, 50% of the total seats in Non-Governmental Institutions shall be filled by the competent authority notified by the State Government. However, if there are vacancies on/after 25th May, 2011 the same shall be filled up by KCPCMF. (emphasis supplied)
Such a provision is in consonance with the second proviso to Regulation 9(2)(d) of Ext.R3(a) Medical Council of India Post Graduate Medical Education Regulations, 2000 (hereinafter referred to as 'MCI Regulations' for short). The same is as follows:-
Provided further that in Non-Governmental Institutions fifty percent of the total seats shall be filled by the competent authority notified by the State Government and the remaining fifty percent by the Management(s) of the Institution on the basis of inter se academic merit.
Ext.R1(i) prospectus was approved by Ext.P3 order in WP(C) No. 18290/2011 by the Admission Supervisory Committee for Professional Colleges subject to the fulfillment of many conditions including the following:
"1. That 50 percentage of the total seats shall be filled up by the Government as provided in the clause 9(2)(d) of the Post Graduate Medical Education Regulation, 2000."
It is disgusting to note that the prospectus is so approved by the Admission Supervisory Committee as late as on 20.06.2011 unmindful of the future of the students who have to be admitted to the course normally before 30.05.2011.
3. The petitioners contend that they had addressed several letters to the Government for allotment of candidates for the 50% quota as per the prospectus and MCI Regulations. The following are the details:-
It is stated that the Government did not allot students for the 50% quota even though the deadline fixed for completing the admission process as per the MCI Regulations was nearing. The petitioners therefore filled up the 50% seats originally offered to the Government by its own lest it would lapse. This admission was later directed to be cancelled by Exts.P14 and P16 orders of the Government which is challenged in this writ petition.
4. The Advocate General on behalf of the State points out that the deadline fixed for admission to the Post Graduate Courses has been extended by the Supreme Court. Ext.R1(a) is the order of the Supreme Court in W.P.(C) No.197 of 2011 extending the time schedule of Post Graduate Counselling, 2011 for All India quota. Ext.R3(c) is the application put in by the State of Kerala seeking extension of time schedule for filling up the State quota available in the self financing medical colleges. The application specifically refers to the problems encountered by the St
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