No Leverage Or Sympathy For Students Who Entered Through Private Counselling: SC

CASE BACKGROUND

• The Supreme Court recently has stated that it cannot sympathize with the students who entered the medical school through the back door.
• A bench of Justice Gavai, Krishna Murari, and Chief Justice L. Nageswara Rao, rejected a group of students’ petitions for review, contrary to their July 20, 2020 judgment, which rejected the petition of the Glocal Medical College.
• Last year, when the Government notified Uttar Pradesh to seek joint advice, the High Court upheld the Indian Medical Council’s decision to dismiss 67 MBBS students because it was discovered that they were admitted through private consultation.
• Glocal Medical School violated this notice and conducted a private consultation, which is not allowed by law.
• Students cannot be said to have ignored the notice issued by Uttar Pradesh and under this circumstance, they could not express sympathy for those students who entered through the back door, stated the bench.

CASE PROCEEDINGS

• A review petitioner was admitted to the medical school in the first year of the MBBS course, in the 2016-2017 academic year, which is affiliated to the Glocal University, which is said to be a recognized university.
• The MBBS students requested a review of the order, claiming they had passed the NEET and had been admitted to medical school, and also claimed to have passed the first and second-year exams.
• The Government of Uttar Pradesh and Medical Council of India (MCI) Counsel argued that his admission was the result of collusion between the Glocal Medical College and the petitioner for the review.
• The lawyer emphasized that the petitioner knew that the law does not allow private consultation, saying that Glocal Medical School's private practice was totally prohibited, and admission through the above private practice could not be called anything else, but illegal in itself.
• The bench added that it was impossible to sympathetically view the situation of student.
• The Hon’ble Judges noted that the notice issued by Uttar Pradesh was in accordance with the law and clearly stipulates that admission can only be made through a centralized admission procedure.
• The Supreme Court stated that while it sympathizes with the students, it will not take any steps to protect admissions because these admissions are clearly illegal.
• Although the MCI cancelled the student's exam on January 27, 2017, the bench expressed with shock and disbelief that the student had passed the college exams.

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