…SHOULD THE INSTITUTION FAIL TO CONVINCE THE COURT IT WILL HAVE TO COMPENSATE THE ADDITIONAL 50 STUDENTS
GANGTOK, 27 Sept: The Sikkim Manipal Institute of Health and Medical Sciences has been allowed a breather with the High Court of Sikkim allowing it to continue with the intake of 100 students. An ad-interim Order was issued by the court on 23 September permitting the college to continue with the admission process of 100 students; this order was passed by the court keeping in mind the interest of the students and the state as well. The Medical Council of India, it may be recalled, had cut down SMIMS capacity from 100 to 50 students for the new batch.
The Court has however issued a rider stating that the admissions made against the additional 50 seats would be subject to the outcome of the final decision of the writ petition filed by the SMIMS “…and that no equitable right shall be conferred upon the students by virtue of grant of such admission”.
This condition has to be made known to the aspiring students as well, the Court has directed.
The court ruled that in the event that the petition filed by SMIMS is dismissed by the High Court, the college will have to return the fee of the students who have been admitted by virtue of the ad-interim order; furthermore, the college will also be liable to compensate them.
The college approached the High Court after the Medical Council of India refused renewal of permission to the college for intake of 100 students for the 2nd batch. This, when the college was seeking permission for increase of such intake from 100 to 150 for the current academic year. The college had written to the Ministry of Health in August 2009 requesting permission to increase its student intake to 150.
Advocate BR Pradhan, counsel for MCI, submitted that the refusal to grant permission for renewal for intake of 100 students was on account of the college having failed to fulfill the mandatory provisions prescribed by MCI. The deficiencies pointed out included inadequate infrastructural facilities and clinical material, shortage of teaching faculty, resident and nursing staff along with other deficiencies. The Board of Governors, in supersession of the MCI, had in 2010 approved increase in MBBS seats form 50 to 100 students.
However, in respect of renewal permission to admit second batch of 100 students this year was denied on the grounds of a large number of deficiencies pointed out and subsequently a show cause was issued by the Board to the college.
Additional Advocate General, JB Pradhan, submitted that not permitting the increase of MBBS seats from 50 to 100 would gravely prejudice the state of Sikkim as the allocation of MBBS seats for Sikkim from the central pool has drastically reduced with the establishment of SMIMS and with the denial in increase of seats aspiring students in Sikkim will be deprived of opportunities to take up medical studies.
It was also submitted that in the past, the utilization of STNM Hospital and other peripheral hospitals in the east District had been accepted by both the central government and the MCI. Therefore, it was submitted, the present decision refusing renewal of 100 MBBS seats was grossly in conflict with the past accepted norms.
Acting Chief Justice, SP Wangdi, observes in his order that the decision of the Board of Governors in supersession of the MCI appears to be clearly in conflict and in digression to the accepted conditions for grant of permission for renewal in respect of previous batches. The court observed that the MCI had also acknowledged the peculiar situation emerging in Sikkim on account of it being sparsely populated hilly state and in the absence of the desired number of medical colleges in the north eastern region, the north eastern states and Sikkim were mainly dependent on the medical seats allotted by the centre from the central pool which has been reduced since the establishment of SMIMS.
The court also noted that when the grant of permission for increase of intake of students is being denied unreasonably the court “…is not expected to be a mute spectator”.
GANGTOK, 27 Sept: The Sikkim Manipal Institute of Health and Medical Sciences has been allowed a breather with the High Court of Sikkim allowing it to continue with the intake of 100 students. An ad-interim Order was issued by the court on 23 September permitting the college to continue with the admission process of 100 students; this order was passed by the court keeping in mind the interest of the students and the state as well. The Medical Council of India, it may be recalled, had cut down SMIMS capacity from 100 to 50 students for the new batch.
The Court has however issued a rider stating that the admissions made against the additional 50 seats would be subject to the outcome of the final decision of the writ petition filed by the SMIMS “…and that no equitable right shall be conferred upon the students by virtue of grant of such admission”.
This condition has to be made known to the aspiring students as well, the Court has directed.
The court ruled that in the event that the petition filed by SMIMS is dismissed by the High Court, the college will have to return the fee of the students who have been admitted by virtue of the ad-interim order; furthermore, the college will also be liable to compensate them.
The college approached the High Court after the Medical Council of India refused renewal of permission to the college for intake of 100 students for the 2nd batch. This, when the college was seeking permission for increase of such intake from 100 to 150 for the current academic year. The college had written to the Ministry of Health in August 2009 requesting permission to increase its student intake to 150.
Advocate BR Pradhan, counsel for MCI, submitted that the refusal to grant permission for renewal for intake of 100 students was on account of the college having failed to fulfill the mandatory provisions prescribed by MCI. The deficiencies pointed out included inadequate infrastructural facilities and clinical material, shortage of teaching faculty, resident and nursing staff along with other deficiencies. The Board of Governors, in supersession of the MCI, had in 2010 approved increase in MBBS seats form 50 to 100 students.
However, in respect of renewal permission to admit second batch of 100 students this year was denied on the grounds of a large number of deficiencies pointed out and subsequently a show cause was issued by the Board to the college.
Additional Advocate General, JB Pradhan, submitted that not permitting the increase of MBBS seats from 50 to 100 would gravely prejudice the state of Sikkim as the allocation of MBBS seats for Sikkim from the central pool has drastically reduced with the establishment of SMIMS and with the denial in increase of seats aspiring students in Sikkim will be deprived of opportunities to take up medical studies.
It was also submitted that in the past, the utilization of STNM Hospital and other peripheral hospitals in the east District had been accepted by both the central government and the MCI. Therefore, it was submitted, the present decision refusing renewal of 100 MBBS seats was grossly in conflict with the past accepted norms.
Acting Chief Justice, SP Wangdi, observes in his order that the decision of the Board of Governors in supersession of the MCI appears to be clearly in conflict and in digression to the accepted conditions for grant of permission for renewal in respect of previous batches. The court observed that the MCI had also acknowledged the peculiar situation emerging in Sikkim on account of it being sparsely populated hilly state and in the absence of the desired number of medical colleges in the north eastern region, the north eastern states and Sikkim were mainly dependent on the medical seats allotted by the centre from the central pool which has been reduced since the establishment of SMIMS.
The court also noted that when the grant of permission for increase of intake of students is being denied unreasonably the court “…is not expected to be a mute spectator”.
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