Medial Law and Affiliation

What compelled me into writing this paper? The slow death of our education system. Being an responsible Indian, a proud one at that, the fact that a small group of unscrupulous persons is murdering this civilization has disturbed has to great extent.

Education

The 'Right to Education' has been recognised as a human right in a number of international conventions including the International Covenant on Economic, Social and Cultural Rights. It is the duty of every state to ensure that effective education has been provided by the institution's and monitor them on regular basis.

Affiliation

Affiliation for medical institution's is granted by The Tamil Nadu Dr.M.G.R. Medical University authorising the institution's to admit candidate in compliance with the condition laid down therein. Grant of affiliation is the discretionary power vested with the university. After the due inspection and verification of the facilities available at the institution, the University may grant the affiliation. The application for grant of affiliation will not authorise the institution to admit any candidate until provisional affiliation has been granted.

Therefore, affiliation is the mandatory pre-request requirement for every institution to admit the candidate. The principle's and procedure's for admitting candidates are prescribed in the affiliation order, without which an admission would be illegal. Any admission made in contrary to the condition laid down in the order of affiliation or admission made without affiliation would be void ab initio.

Examination

Section 36 of the Tamil Nadu Dr. M.G.R. Medical University Act states that a candidate shall be permitted to appear for the examination conducted by the University only if such candidate has been admitted to a institution affiliated to the university. Therefore candidate admitted to the institution without affiliation would not be eligible to appear for the examination conducted by the university.

Power of Court

The High Court shall not ordinarily interfere with the functioning and order of the educational authorities unless there is clear violation of some statutory rule or legal principle. The power of court in relation to grant of affiliation is very limited. The court cannot direct the university to grant affiliation to any institution as it would amount to tantamount and trespassing the rights of the University. Therefore the Court can request the university to consider the grant of affiliation in view of several inspection reports and the recommendations made by the inspection teams for the grant of recognition.

If any institution is aggrieved by the order passed by the University after scrutinising the application for affiliation then they would be entitle to prefer an appeal by way of application before the chancellor. The chancellor may, on his own motion or on application, call for and examine the record of any officer or authority of the university in respect of any proceeding to satisfy himself as to regularity of such proceeding or the correctness, legality or propriety of any decision taken or order passed therein; and if, in any case, it appears to the chancellor that any such decision or order should be modified, annulled, reversed or remitted for remitted for re-consideration, he may pass orders according.

It is pertinent to note that an order of the court directing the university to permit the students of unaffiliated institution to appear at the examination conducted by the university under the order of the court and then to compel the board to issue certification in favour of those who have taken examination would tantamount to supervision of law. Therefore the court will not be justified to entertain such petition on the basis of misplaced sympathy.

There must be a strict purity in the examinations of educational institutions and no sympathy or leniency should be shown to candidates who resort to unfair means in the examination.

Remedy

The practice of educational institutions admitting the students without requisite recognition or affiliation is unjustifiable. In all such cases the usual plea is the career of the innocent students who have fallen in the hands of the mischievous designated institutions. Though the ultimate victims are innocent students that cannot be a ground for seeking relief from the judicature. Students have suffered because of the objectionable conduct of the Institution. It shall be open for them to seek such remedy against the institution rather than the university as is available in the court of law.

References

1. The Tamil Nadu Dr. M.G.R Medical University Chennai Act, 1987.
2. AIR 1966 SC 875
3. 1986(2) SCC 667
4. (1991)3 SCC 87: JT (1991) 2 SC 343
5. 1993(4) SCC 401
6. (2006(9) SCC 138)
7. (1998(5) SCC 377)
8. (1980) 3 SCC 418: 1980 SCC (L&S) 436: AIR 1980 SC 2141
9. 1986 Supp SCC 740: AIR SC 144
10. 2016(13) SCC 673