In a breathtaking display of its brazen disregard for the SC, the MCI and even the opinion of a top law officer representing the Centre, the health ministry moved to allow an Indore college to admit medical students the very day the institution’s plea to this effect was rejected by the apex court.
On Friday, the SC declined the plea of Index Medical College, Indore, to admit 150 students for the academic year 2008-09 as the MCI, the statutory body which certifies whether a college be granted permission, termed the applicant’s infrastructure inadequate for teaching students.
After the court was apprised of the MCI’s adverse report by counsel Maninder Singh, a Bench headed by Chief Justice K G Balakrishnan sought the response of the Centre which had also inspected the college after a similar appraisal by the MCI.
Additional solicitor general Gopal Subramaniam, appearing for the Centre, supplemented the poor scores given to Index Medical College by the MCI, and said the central team had inspected the college and found them “woefully inadequate” in terms of infrastructure, and told the Bench that no permission could be granted.
A dejected senior advocate Ranjit Kumar, appearing for Mayank’s Welfare Society which runs Index Medical College, had no option but to accept the SC verdict.
The order clearly read, “ASG Gopal Subramaniam stated that inspection was also conducted but the percentage of the teaching staff and other facilities were inadequate and the petitioner institution cannot be given permission.”
But the petitioner did not have to wait till the next academic year. In fact, it didn’t even have to wait for a day. Within hours of the SC’s verdict, lady luck smiled. For, the ministry on Friday wrote to the chairman of Mayank’s Welfare Society stating that the college could admit 150 students this year itself by September 30, the apex court mandated last date for admission.
The SC in its law laid down in in 1998 had said, “It is the MCI which can prescribe the number of students to be admitted in medical courses in a medical college or institution though it is the central government alone which can direct increase in the number of admissions but only on the recommendation of the MCI...”
So, the health ministry appeared to be in clear breach of SC order and its decision.
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