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A vacation bench of Justice Abdul Nazeer and Justice Indu Malhotra granted permission to Government Medical Colleges of Bihar, Jharkhand, and UP to carry out admission to the MBBS course for the current academic year 2018-19. This decision was passed while hearing a string of writ petitions challenging the Medical Council of India’s refusal to issue Letters of Permission to eight colleges possessing a total of 800 seats within these states due to lack of proper infrastructure and facilities in these colleges.
The state governments of these states were directed by the SC vide its order dated 14th June 2018 to file affidavits for the deficiencies pointed out by the MCI, and the steps to be taken for removal of the same within a specified time limit. Taking reference of the Prakash Singh Case (2006), the apex court had also ordered the Principal Secretary, in-charge Medical Education and Chief Secretary of the respective states to file undertakings of their responsibilities before the court. In consequence of the same, detailed affidavits of the deficiencies and a comprehensive report specifying timeline and schedule for their rectification was filed by the Principal and Chief Secretaries of all the three states before the Hon’ble court.
Based on the undertakings submitted, the apex court allowed the disputed medical colleges to be included in the seat matrix of NEET Counselling beginning from 19th June 2018. However, these have been subject to the MCI Inspection of the deficiencies three months from the date of undertakings. In absence of appropriate actions by the state, the secretaries will be personally held responsible for the same. Further, the Hon’ble Court stated that taking into account the peculiar facts and distinguished circumstances of the case, the orders of this petition are not to be treated as a precedent.
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