Centre’s decision to bar a medical college in Karnataka quashed
The Centre’s decision to bar a medical college in Karnataka from admitting students for the 2017-18 and 2018-19 batch MBBS course has been quashed by the Supreme Court on Friday. Kanachur Islamic Education Trust (KIET) filed a plea which challenged an August 10 government order and called for the extension of the admission deadline till September 5.
The bench headed by Chief Justice Dipak Misra allowed the plea and directed the Medical Council of India (MCI) to inspect the institute “in case of genuine necessity”. The MCI has been ordered to take necessary steps as mandated by the Medical Council Act.
“As the impugned order of August 10 would reveal, it is apparent that for all practical purposes, the government did not undertake a dispassionate, objective, cautious and rational analysis of the materials on record and in our view, returned wholly casual findings against the petitioner’s college/institution. This order has to be held, not to be in accord with the spirit and purport of the order dated August 1 passed by this Court,” said the bench.
On August 1 the Supreme Court directed the Centre to consider granting several private colleges to go ahead with the admission process for the academic years of 2017-18 and 2018-19. It also asked the centre to look into MCI, DGHS and oversight committee recommendations and grant medical colleges a hearing.Several deficiencies were found in the infrastructure and facilities during a KIET inspection, but the apex body pointed out that there were no substantial deficiencies in the college.
“The respondents (Ministry of Health and MCI) having failed to persuasively establish the said deficiencies, as noted in the impugned order, inspite of opportunities available including the one granted by this Court, such a determination cannot be sustained in the facts and circumstances of the case. We are of the considered opinion that in view of the persistent defaults and shortcomings in the decision making process of the respondents, the petitioner’s college ought not to be penalised,” the bench said.