HC's 'no' to filling govt PG medical seats under management quota

HC's 'no' to filling govt PG medical seats under management quota

No powers to ensure seats are reserved, submits government

The High Court on Wednesday directed the deemed universities, COMED-K colleges and colleges under the Karnataka Religious and Linguistic Minority Colleges’ Association not to admit students under management quota for government postgraduate medical seats.

A division bench comprising Justice K L Manjunath and Justice Ravi Malimath issued an interim order, directing the private medical colleges to adhere to the consensual agreement which allotted 25 per cent of the seats to government in deemed universities, 33 per cent in Comed-K and 20 per cent in linguistic minority colleges.  

The bench passed the order after N Sivasailam, principal secretary, Health and Family Welfare (Medical Education), submitted to the court in an affidavit that the government does not have any power over deemed universities in demanding the reserved 25 per cent of the medical seats. 

No provision

Sivasailam said that they do not have any provision to control the deemed universities, in demanding that they reserve the medical seats. The bench observed that when the government has no right to demand the seats, the only option for them is to beg for medical seats.

During the hearing, the bench asked as to what were the conditions laid down by the State government when the deemed status was given and the no-objection certificate (NOC) was issued.  

In reply, the government counsel said that 25 per cent of the seats had to be reserved as government seats by the deemed universities. The court then observed, “You are playing with the lives of the students, look at the urgency of the matter.” 

The government counsel submitted in the affidavit that if the private colleges break the agreement, they will not be allowed the yearly increase in the intake. The counsel submitted that medical students under the quota will not be allowed to practise in government hospitals and health centres.  

The counsel submitted that they are consulting legal advisors from the law department on this matter. 

The State government entered into a consensual agreement with deemed universities on June 26, 2010 to allot 25 per cent medical seats and with COMED-K colleges on March 10, 2014, to allot 33 per cent of the medical seats as government quota. 

The bench ordered issuance of notices to all the private colleges and said that the decision is subject to the outcome of the writ petition. The bench directed the government to file a detailed objection and adjourned the hearing to April 21.

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