Medical Council(MCI) Can't Interfere In NRI Admission Quota: SC [Read Judgment]
The Supreme Court has held that the direction issued by the Medical Council of India to Manipal University not to make admissions to the extent of 103 NRI seats for the years 2005 to 2008 was ultra vires and without jurisdiction.“There is no express power conferred on the MCI in the Medical Council of India Act to interfere in allocation of quotas for sub categories,” a bench...
The Supreme Court has held that the direction issued by the Medical Council of India to Manipal University not to make admissions to the extent of 103 NRI seats for the years 2005 to 2008 was ultra vires and without jurisdiction.
“There is no express power conferred on the MCI in the Medical Council of India Act to interfere in allocation of quotas for sub categories,” a bench comprising Justice SA Bobde and Justice L Nageswara Rao observed while allowing the appeal preferred by the university.
Manipal University, a deemed university had filed appeal against the high court refusing to interfere with the direction by the Medical Council of India to withdraw the recognition of MBBS degree granted by the second respondent for not following the directions of the Supreme Court regarding the admission of NRI/ foreign students.
Holding that such a direction issued by the university is illegal, the bench observed: “It is no doubt true that the MCI has a duty to ensure merit based selections. However, no direction can be issued by the second respondent interfering with the regulation or supervision of sub-categories.”
The court also observed that Manipal University, being a deemed university, is governed by the provisions of the UGC Act and the competent authority to take any action for violation of the provisions of the Act regarding maintenance of standards is the commission.
The court then set aside the direction issued by the MCI to the university not to make admissions to the extent of 103 NRI seats for the years 2005 to 2008.
Read the Judgment Here