The High Court’s observation came while dismissing the appeals of five students admitted by the LN Medical College Hospital and Research Center in Bhopal in 2011 Education, without central counseling conducted by their Medical Education Department (DME).
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However, as directed by the Supreme Court, admission to all government and private medical colleges in the country has to be done through a centralized counseling system based on the results of the NEET test. As a result, the Medical Council of India (MCI) issued an exemption letter to five applicants in April 2017 and several more contacts were sent after that but neither the students nor the medical college listened to them.
The college continues to consider applicants as their students and allows them to participate in courses, attend exams and be promoted.
Finally, five applicants filed an application to cancel the discharge communication provided by the MCI and to allow them to continue their studies in the medical college as regular medical students, which was rejected by the single judge.
They filed an appeal challenging the single judge’s order. However, a bench of Justice Bipin Sanghi and Justice Jasmeet Singh also dismissed the application, saying it had no merit.
“Now is the time to stop such houses from entering educational institutions, including medical colleges. Millions of students across the country are working hard to get admission in educational institutions based on their qualifications,” the September Order said.
“Allowing access to the back door of any educational institution would be an extreme injustice for those who, despite being more talented, are denied admission due to taking seats and being blocked by such external entrants.”
It further added that the applicants are solely responsible for the chaos they have thrown themselves into.
“If they had acted in terms of the April 26, 2017 discharge letter, they could have saved four years of their lives. Joining the course – obviously, at their own peril,” the court said.
Advocate T Singhdev, representing MCI, said that despite the release of the applicants by MCI, no action was taken by the college or students as early as April 2, 2011 and despite repeated requests, they continued to ignore the communication.
He further said that no interim order was received by the applicants from the court and nevertheless they continued to be admitted in subsequent years and took examinations in the college which was at their own peril and they could not claim equity on their behalf.
Singhdev said the applicants did not do centralized counseling and they were well aware from day one that their admission to the college was irregular and illegal, in the wake of the Supreme Court verdict.
Counsel for the petitioners argued that they were ranked higher than those who were allowed to appear for the NEET examination through the central counseling conducted by DME regarding this medical college and therefore should show flexibility.
The court said that for this reason, if the medical college had informed the DME of the vacancy in time, the DME would have done more counseling and sent the names on the basis of merit based on the NEET examination conducted in 2016.
The bench said, “It is quite possible that the names of other candidates who are more qualified than the five applicants may be sent.”
“Since the respondent does not appear to have informed the medical college DME about the vacancy, and they allow the admission of five applicants long before the application deadline expires on October, 201, other meritorious students, apparently, they are admitted to the respondent medical college It was unknown at this time what he would do after leaving the post.
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