The Supreme Court in the case Maeer’s Maharashtra Institute Medical Education & Research vs Union of India observed and has dismissed the petition filed challenging the Centre’s decision of granting one time increase in postgraduate seats for the academic year 2018-2019 in clinical courses (Broad Speciality) under the teacher revised ratio in Government medical college alone and not to the private medical colleges.
The bench comprising of Justice BR Bavai and Justice Vikram Nath in the case observed and has stated that such decision taken by the Centre is coming up for the first time. Thus, whenever the matters were listed before the High Courts, they being partial to Private medical colleges. And by the judicial orders, this court has to increase the seats in private colleges. Fortunately, the same is upheld by the Supreme Court.
In the said case, it has also been pointed out by the advocate appearing for the petitioner that the authorities would continue to frame policies in favour of government medical colleges only.
Further, the bench remarked that they being in the favour of the Government Medical Colleges rather than being partial to Private medical colleges. Thus, the reasons why there are partial to Private medical colleges, this court need not to say anything.
As per the plea filed, the Private medical colleges and the government medical colleges with regards to the infrastructure, bed strength, clinical material, faculty number requirement, for running the under graduate and the broad speciality postgraduate courses, which being one and the same.
Therefore, the court stated that there being no distinction whatsoever under the MCI Regulations, 1999 so far as Private Colleges and the Government Medical Colleges are concerned. Thus, the said regulations uniformly apply to all the Colleges being irrespective as to whether they are Government Colleges or the Private Medical College.
It has also been stated by the court that if the Regulations which apply to the said colleges are same, if the requirement of infrastructure etc. is same, the Union of India or the Medical Council of India, now which being the National Medical Commission is bound to treat all the Colleges equally and are also bound to give the intake capacity as per the available infrastructure of that College.
Accordingly, the plea was filed through AOR Sudhanshu Choudhari.
