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Apr14

IT is now seen a common practice by many Private Medical Colleges and Dental Colleges situated in many states to go to their higher court if they have to admit students ignoring NEET or Increasing Fee of their curicullam of MBBS or PG courses  or to admit students on their own counselling rather than common state or central counselling under the umbrella of DEEMED UNIVERSITY or starting a new course or challenging MCI refusing either their MBBS course or recognising PG course or increasing Undergratuate or PG seats or increasing exorbiant fee.              They feel Higher court will stay MCI or helath Ministry order for time being and for the gap they will continue their admission earning crores but in latest judgment ,Supreme Court reverse the order of high court allowing admitting Students under two new course in a Dental college which was barred by DCI after Inspection.This case related to Dr. Hedgewar Smruti Runga Seva Mandal's Dental College,starting MDS course Orthodontics and Dentofacial Orthopedics which were  not approved by DCI after repeated Inspections.    In a major decision relating to dental and medical admissions in India, the Apex court told all high courts across India to not allow colleges to admit students until their affiliation related legal dispute is resolved. The decision highlighted ‘…the order amounts to granting permission for the admission of strudents in certain courses in a college which had not received approval. There may be a case where the court may ultimately come to the conclusion that the recommendation is unacceptable and eventually the decision of disapproval by the Government of India is unsustainable. But the issue is whether before arriving at such conclusions, should the High Court, by way of interim measure, pass such an order…’ It further added ‘…It is perspicuous that the court should not pass such interim in the matter of admission, more so, when the institution had not been accorded approval. Such kind of interim order are likely to cause chaos, anarchy and uncertainty. And, there is no reason for creating such situations. There is no justification or requirement.        The High Court may feel that while exercising power under Article 226 of the constitution, it can pass such orders with certain qualifiers as had been done by the impugned order, but it really does not save the situation. It is because an institution which has not been given approval for the course, gets a premium. That apart, by virtue of interim order, the court grants approval in a way which is subject mater to final adjudication before it.’              ‘The students who have been admitted shall be allowed to continue their courses, but their seats shall be adjusted from their academic session 2017-2018. The respondent-college cannot be allowed to get a premium. The grant of bounty is likely to allow such institutions to develop an attitude of serendipity.’



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