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Uttarakhand HC Holds Admissions In Medical PG Course Until MCI Recognition

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The Uttarakhand High Court on Wednesday had modified its previous order whereby restrictions were made to the Government Medical College in Haldwani for admission in MD (Radiology) courses till it gets recognition from Medical Council of India.

An Impleadment Application was filed by the MBBS doctors, who were seeking admission in post-graduate medical courses. They had moved the impleadment application to the writ petition for the reasons that in the writ petition, the petitioners were undergoing a post-graduation courses in Sushila Tiwari Medical College, Haldwani, although for the said course i.e. M.D. (Radiology), permission was granted to the medical college, but it was subject to certain conditions. As these conditions were not fulfilled by the medical college, in spite of reminders, the M.D. (Radiology) course was derecognized by the Medical Council of India. As their course stood derecognized, they had approached the High Court for appropriate relief.

The Uttarakhand High Court had passed previously an order with respect to the Writ petition on 16th December, 2019, in which relevant parasare: –

“Till the valid recommendation is taken from the Medical Council of India, the Government Medical College, Haldwani will not advertise or admit on the seats for MD (Radiology) or any other seats which has not been recognized by the Medical Council of India.

Meanwhile, it is open for the Government Medical College, Haldwani to remove all the deficiencies and apply for fresh recognition.”

The Applicant’s Counsel, counsel for the Medical Council of India as well as Chief Standing Counsel informed the High Court that there is some journey which is taken by the medical college between the permission it receives from the Medical Council of India and the final recognition it gets. There are presently many seats in the medical college at the postgraduation level for clinical as well as non-clinical courses, for which they have been given a valid permission from the Medical Council of India, but recognition has not yet been given and because recognition has not been given as yet, but since the medical college has a permission to conduct the course,there is no legal impediment to admit the students on the aforesaid courses.

Acting upon the plea, the single judge bench of Justice Sudhanshu Dhulia, observed that presently the counselling for filling of seats for the post-graduation courses is underway. Purely in the interest of justice, the Court allowed the impleadment application and applicants were impleaded as respondent nos. 6 to 11, and directed detail counter affidavit be filed within three weeks.

The High Court also substituted its previous order by the following:-

“Till the valid recommendation is taken from the Medical Council of India, the Government Medical College, Haldwani will not advertise or admit on the seats for MD (Radiology) or any other seats which has either been derecognized by the Medical Council of India or for which there is no valid permission by the Medical Council of India.”

The assurance was given by the Chief Standing Counsel to the Uttarakhand High Court that he will promptly inform the Principal of the Government Medical College as well as the State Authorities so that the modified order can be brought to their notice and to the notice of general public particularly the concerned students that these seats are now in the open market for counselling.

-India Legal Bureau

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