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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice VIVEK KUMAR SINGH
Venkateswara Medical College Hospital and Research Centre – Appellant
Versus
Medical Council of India – Respondent
| Table of Content |
|---|
| 1. writ petitions challenging mci orders. (Para 1 , 2 , 3) |
| 2. admission issues in medical colleges. (Para 6 , 8 , 10) |
| 3. importance of adhering to proper admission procedures. (Para 11 , 15) |
| 4. court's focus on verification and justifiable procedures in admissions. (Para 12 , 13 , 14) |
| 5. court's final order in favor of the petitioners. (Para 18 , 19) |
ORDER :
Assailing the impugned proceedings of the first respondent/MCI in No.MCI-34(MC-UG)/2017-18/155462 dated 21.11.2017, the petitioner/Sri Venkateswara Medical College Hospital & Research Centre, Puducherry has come forward with the present Writ Petition in W.P.No.11995 of 2018.
2. Challenging the impugned order passed by the second respondent/MCI vide No.MCI-34(MC-UG)/2017-18/155447 dated 21.11.2017 and the consequential orders passed by the fourth respondent/Government of Puducherry vide No.2592/Health/115/2017-18/343, dated 06.12.2017; impugned order by the seventh respondent/Pondicherry University vide No.PU/AW- 2/7/2017-18/363 dated 18.01.2018 and Ref. No.PU/Aca- 7/Recog/SMVMC&H/2017-18/183 and consequently to direct the respondents 1 to 7 herein to approve/recognize the admission of those 41 students, who were discha
Regulations governing medical admissions require adherence to common counselling processes; failure to consider due process and fair opportunity to institutions harms student rights.
Admissions in educational institutions must strictly adhere to centralized counselling processes as mandated by precedents to maintain fairness and transparency in selections.
Admissions to MBBS Course which were conducted through private counselling can be termed as per se illegal. Court cannot protect admissions which were done in a patently illegal manner.
Irregular admissions due to omission of MCI requirements in prospectus being bona fide mistake, students should not suffer.
The main legal point established in the judgment is the importance of merit and fair procedure in completing admissions to medical courses, and the entitlement of a wrongfully denied student to compe....
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 court upheld the authority of the National Medical Commission to regulate medical education standards, emphasizing adherence to statutory requirements for college establishment.
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