Can Medical Assessment & Rating Board Recommend Cancellation Of Admission Of Students? Rajasthan High Court To Consider
Rajasthan High Court is set to determine whether the Medical Assessment & Rating Board (MARB) can recommend for cancellation of admission of the students in various medical courses.The question has arised in the background of several writ petitions filed by medical colleges and its students, challenging the recommendations made by MARB for withdrawal of letter of permission, cancellation...
Rajasthan High Court is set to determine whether the Medical Assessment & Rating Board (MARB) can recommend for cancellation of admission of the students in various medical courses.
The question has arised in the background of several writ petitions filed by medical colleges and its students, challenging the recommendations made by MARB for withdrawal of letter of permission, cancellation of admission in under-graduate and post-graduate courses for the academic year 2021-22 in the petitioner-institutions.
Some of the writ petitions have been filed on behalf of the institutions, where admissions were granted to the students for the academic year 2021-22 in the under-graduate as well as postgraduate courses and some of the writ petitions have been preferred on behalf of the students, who have been admitted in these courses.
The Court has granted interim relief to the students who were already admitted to pursue their studies in the petitioner–institutions for the session 2021 and has further ordered that a copy of the writ petitions be supplied to counsel for the respondents within a period of one week.
Justice Vijay Bishnoi, while hearing the stay petition, observed,
"In the meantime, admissions already granted to the students in various under-graduate or post-graduate courses in the petitioner–institutions for the session 2021-22 shall not be cancelled and the students already admitted shall be allowed to pursue their studies in the respective petitioner–institutions till the next date."
The counsels for the petitioner argued that the impugned order passed by the MARB is in excess of its jurisdiction. It was argued that as per Section 26 of the National Medical Commission Act, 2019, the MARB can recommend for imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the Commission for withdrawal of recognition against the medical institution but cannot recommend for cancellation of admission of the students in various courses. It was further argued that the impugned orders dated 14.04.2022 and 18.04.2022 are absolutely illegal.
The counsel appearing for National Medical Commission and MARB sought some time to file a reply. He submitted that there is no illegality in the recommendation made by the MARB vide orders dated 14.04.2022 and 18.04.2022 in respect of the petitioner–institutions. He also submitted that the MARB is very well in its jurisdiction for recommending cancellation of admission of the students in the various courses.
These matters are next listed on 11th May, 2022.
Case Title: Geetanjali Medical College And Hospital v. The Union Of India
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