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By Lawyers Line|Email the author|Oct 05,2014   (2059 views)
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The Supreme Court on September 18 had allowed the private medical colleges, which are not having a clearance by MCI to admit students in the 2014-15 academic session. These colleges are such that they are having the required infrastructure but do not have the required clearance certificate from the Medical Council of India. The order on September 18 was a huge news from such colleges, as they would have gone without any students if there were no such order.

However, it seems, the happiness has been curtailed to an extent. Such private medical colleges, known for their high fees structure have been ordered by the Apex Court that they should have fees at par with the government medical colleges.

The Bench of Justices A R Dave, Vikramjit Sen and U U Lalit also ordered that the fee structure that is at par with the fees taken by government colleges would be applicable to students for all five years, i.e. the whole duration of the course.

The Supreme Court also did away with the concept of management quota in relation to its previous order, the Court said, ``In cases where two separate lists are prepared and sent by the State agencies one relating to State quota and the other relating to management quota in private institutions, we clarify that for the current academic year there shall be only one list and that shall be the ``State quota`` alone. There shall not be any managementquota list to be sent to the private colleges orinstitutions taking the benefit under our order dated18thSeptember, 2014. The Management quota shall alsobe filled through the State list and the feeschargeable for the management quota shall also becharged at the same levels and rates as applicable toState quota list.``

Moreover, the Court also said, ``Our order shall also apply to all similarlysituated institutions irrespective of the fact whetherany petitions were or are pending in this Court or inany of the High Courts or even if they had notapproached any court at all. This order shall also apply even in cases where there were orders of stay in favour of the Medical Council of India restraining the colleges from admitting students for the current academic session.

However, making exclusions, the Court said, ``The order shall not apply to colleges or institutions which have been disqualified by the Medical Council of India and/or the Central Government and have been prohibited from making any admissions for the current academic year 2014-15.``

Courtesy : Livelaw
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