MCI challenges Andhra HC order on medical seats

The Medical Council of India has filed an appeal in the AP High Court against the single judge order granting provisional sanction of 50 MBBS additional seats each to the Osmania and Kakatiya medical colleges in the state.

Justice CV Nagarjuna Reddy had on July 13, while dealing with two writ petitions filed by the medical colleges, granted separate interim orders. He directed the principal secretary (medical & health) to file separate undertakings before the MCI with regard to Osmania and Kakatiya Medical Colleges that the principals concerned would remove all the defects pointed out by the MCI during its visit within one month from July 13. The principal secretary was directed to file the undertaking within two days and, after filing such affidavits, the MCI was directed to grant provisional sanction for 50 additional seats each to the college.

The secretary of MCI, in his writ appeal against the interim order,  made it clear that it cannot increase the number of seats for the academic session 2012-13 at this stage in accordance with the Supreme Court’s direction in the case of Priya Gupta vs state of Chhattisgarh   that any permission granted by the MCI to establish a new medical college/increase in existing seat capacity after July 15 of the academic session concerned shall be treated to be a permission only for the next session.

The single judge of the AP High Court passed the interim order on July 13 granting final relief at the interim stage and that too without even giving an opportunity to the appellant to file a counter affidavit and place all relevant material, he noted.

As per the MCI directions, commencement of new courses or increase in the number of seats of existing courses of MBBS/BDS are to be approved/recognised by the Union government by July 15 of each calendar year for the relevant academic sessions of that year.

If any approval is granted after July 15 of any year, it shall only be operative for the following academic year and not for current year.  Any medical or dental college, or seats thereof to which the recognition/approval is issued subsequent to July 15 of the respective year shall not be included in the counselling to be conducted by the authority concerned.