Coming down heavily on the Tamil Nadu government, the Madras High Court had directed it and MCI to allot seats in government colleges for students of 2011-12 and 2012-13 batches of a private medical college in Tiruvallur district during the ensuing academic year 2014-15.
In his 54-page order, disposing of a batch of petitions, Justice K K Sasidharan criticised the state government and its instrumentalities for having shown "undue interest in helping the DD Medical College and Hospital in its attempt to cheat" the students.
He directed MCI to issue appropriate orders in line of earlier order of October 14, directing the government to accommodate all students of 2011-12 and 2012-13 batches in 19 government colleges in the state, to enable them to join first year MBBS course during the academic year 2014-15.
The judge said the background gives a very clear indication that the state government and MGR Medical University have shown undue interest in helping the institution. He said the university "ably assisted" the institution in cheating the "poor students".
"It is apparent on the face of the record that even before the satisfactory completion of the first academic year 2010-11, the state government issued a fresh essentiality certificate to increase the intake from 150 to 250 which was done even before conducting inspection by MCI," the judge said while flaying the state government and the Institution.
The judge in his order did not spare the State Health Minister, who is also the Pro-Chancellor of Medical University and the Vice-Chancellor, and said the letter sent by the University to MCI on September 15, 2012 on his behalf shows the continuous effort taken by the state to "promote the vested interest" of the institution.
"The fact the Minister for Health wanted the University to take up the issue on behalf of the institution indicates the unholy alliance," the judge said. He said the voluminous documents produced to show active role played by the state University to help the institution make illegal admissions. The Judge said the University without any concern for the future of the students, who were illegally admitted for the year 2011-12, caused inspection of the institution for grant of continuation of provisional affiliation for 2012-13.
The judge said the University was eager to help the The judge said the University was eager to help the Institution in its attempt to "make easy money" and it is evident by the fact that provisional affiliation for 2011-12 and 2012-13 were given the same day that is on May 30, 2012. The judge said the University has worded the order granting provisional affiliation in such a way that it would appear as if the medical college had statutory permission to admit students which was used by the college for making admissions for the year 2012-13.
The judge, while rejecting the contention of the state that it is ready to take up the institution if the court permits, said "the state is the best judge to take a decision in a matter of this nature.." Referring to a letter issued by the state health department, the judge said, "The state expressed willingness to take over the Institution or in the alternative to permit the students to be admitted in government colleges which would make the position very clear that the state is agreeable to take over the institution."
The judge directed MCI to permit the government to create the required additional seats in Government Medical Colleges for the year 2014-15 and distribute the students. He quashed an order of MCI dated October 14 last debarring and blacklisting DD Medical College and DD Hospitals of Kunnavalam of Thiruvallur District.
The Judge while quashing the order said he is upholding the order of MCI insofar as accommodating the 2010-2011 batch students in government colleges and withdrawing the letter of permission are concerned. He set aside the order of MCI and that of its decision to debar and blacklist the trust and trustees from making application under section 10-A of the Medical Council Act to establish Medical college henceforth and remitted the issue to MCI for a fresh consideration.
"It is open to the MCI to take a decision in the matter after issuing notice to the trust and its trustees and giving them a reasonable opportunity to submit explanation." On the legality of blacklisting and referring to the show cause notice issued by MCI, the judge said it was issued only to the dean of the college and MCI has violated the principles of natural justice by blacklisting the institution without issuing a specific prior notice.
Hence, it was inclined to be set aside insofar as the blacklisting part alone is concerned, the judge said. He advised that the state and its instrumentalities and statutory authorities like Medical Council of India must prevent recurrence of this kind of cheating by educational institutions.