SC Stays Telangana HC Order Which Suspended MCI's Decision To Permit Surrender Of PG Medical Diploma Seats

The Supreme Court on Friday stayed a Telangana High Court decision directing suspension of surrender of seats in post graduate diploma courses by medical colleges in the state.

A bench of Justices MM Shantanagoudar & R Subhash Reddy issued notice to various Respondents viz. the Centre, Medical Council of India, State of Telangana as well as National Board of Education as well as other stakeholders so impleaded in the petition.

On May 7, the HC suspended the decision of the Medical Council of India (MCI), dated July 12, 2018, permitting government and private medical colleges to surrender PG diploma seats for which in-service candidates are given preference in the 2020-21 academic year.

A division bench, comprising Justices MS Ramachandra Rao and T Amarnath Goud, had directed the authorities concerned to continue with the old practice of giving weightage to in-service candidates.

This order was passed in the HC basis a writ petition, filed by a doctor challenging the decision of the MCI as illegal and arbitrary, on the ground that it restricted her chances of securing a seat in the course of her choice.

In light of the above, the petitioner(s) colleges moved the Supreme Court stating that they were unable able to fill additional seats in their PG degree courses, created in lieu of the surrendered seats in PG diploma courses.

"These seats would otherwise have been filled through State counselling" the plea averred.

"The cut-off date for completing State counselling is 13th May 2020 and for completing Central counselling is 31st May 2020, for the academic year 2020-21, while the Hon'ble High Court has fixed the next date of hearing on 1st June 2020. Thus, the Impugned Order is going to result in wastage of 18 post graduation seats in medical colleges in Telangana for the academic year 2020-21, if not interfered with by this Hon'ble Court before the cut-off date" - Excerpt of Petition

The petitioner(s) were represented by Mr. K.V. Viswanathan, Senior Advocate, Mr. Ramesh Allanki, Advocate, Siddhant Buxy, Advocate-on-Record.

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