NEW DELHI: In a setback to Kerala government, the Supreme Court on Thursday ordered it to cancel the admissions of 180 students to the Kannur Medical College in Kannur and Karuna Medical College in Palakkad.
The order comes a day after the state government had passed the Kerala Professional Colleges (Regularisation of Admission in Medical Colleges) Bill 2018 to regularise certain admissions made in 2016-2017. The direction from the bench came on an appeal by the Medical Council of India against regularisation of these admissions made in two self-financing Kannur and Karuna medical colleges in 2016-17. MCI along with two other official panels, had deemed the admissions illegal. The MCI then filed a petition in the apex court questioning the ordinance issued by the government.
A bench of Justices Arun Mishra and U U Lalit said that the two colleges had admitted students in flagrant violation of norms. “The Medical College Admission Regularisation bill passed unanimously by the ruling party and the opposition in the assembly on Wednesday infringed the law,” the bench noted. The bench also made it clear that no student shall be permitted to reap any benefit of any action taken and they shall not be permitted to attend the college or the classes or continue in medical colleges in any manner pursuant to ordinance.
During the hearing today, the bench observed that the state cannot override the order of the court by terming it as ineffective and noted that any violation of the Court’s order will be dealt with in a serious manner. Justice Lalit observed that no legislative act can override a Supreme Court judgement. The counsel appearing for the State of Kerala informed the bench that the Bill is slated to be passed. This prompted bench to ask him whether the Ordinance has lapsed or not?
Senior Advocate Aryama Sundaram, appearing for the colleges, told the bench that it is necessarily assumed that when a Bill is passed, the Ordinance ceases to operate, unless it is extended.
To this, the bench said even though the Act is enacted, it cannot come into force unless it is notified. It further stated that it would not go into the Bill, but would limit itself to the Ordinance, as the Bill may be modified by the Governor The bench observed that the case appears to be prima facie violative of the order of the court.
Students of medical colleges staring down barrel
Kannur: The 180 students of Kannur and Karuna Medical Colleges now face an uncertain future after the ordinance brought in by the government to regularise their admission was cancelled by the Supreme Court. The James Committee had explicitly ordered the managements to receive applications for management and NRI seats through the college’s website on the basis of the NEET results. But the two colleges had shown scant respect for the order and pressed ahead with the admissions. Even after repeated reminders, they were not willing to receive the applications online.
Govt not to press ahead on Kannur, Karuna issue
Trivandrum: In the wake of the Supreme Court’s criticisms, the government will not push further on the Kannur, Karuna Medical Colleges issue. Though technically the government is pressing ahead with procedures for the professional colleges (regularisation of admission) Bill passed by the Assembly on Wednesday, a high-level decision has been taken not to take the matter further. Despite the SC criticisms, the technical procedures for the Bill has been continuing. In view of the court’s verdict now all eyes are on the Governor. “Post the SC verdict, the government is not at all keen on the Bill,” CMO sources said.