Tamil Nadu will soon write to the Union Government opposing the new guidelines issued by the National Medical Commission (NMC) that restricts them from opening new medical colleges, while Kerala will seek relaxations on a “case-to-case basis.”
The new guidelines, which introduces the ratio of 100 MBBS seats for per 10 lakh population in states besides capping the number of seats in existing medical colleges, may also be against 2022 Supreme Court ruling reiterating that establishing an educational institution is a “fundamental right,” experts said.
If the new guidelines come into force from 2024-2025 academic year as planned, none of the five southern states and Puducherry will be able to open new medical colleges as they have already surpassed the mark set by the NMC.
A top source told DH that the Tamil Nadu government will soon write a letter to the Union Government expressing its reservations over the NMC guidelines. It feels the rules will put spokes in the state’s plans to have at least one medical college in each district.
“We believe these are artificial restrictions. The letter will stress that states should be allowed to launch medical colleges according to their needs. Also, there is no guarantee that a student who passes out from TN will work only in the state. He can work anywhere in the country,” the source added.
The state government in its letter will also point out that the guidelines may be in contradiction with Supreme Court rulings, the source said.
In September 2022, the SC dismissed a bunch of petitions filed by the Pharmacy Council of India challenging the verdicts of High Courts of Chhattisgarh, Delhi and Karnataka High Courts setting aside its decision to impose a ban on starting new pharmacy colleges for five years.
The court, while reiterating that the right to establish educational institutions was a fundamental right, also said the state could impose reasonable restrictions “only by a law” and not by an executive order.
Kerala’s Principal Secretary (Health) Mohammed Hanish told DH that the state would seek relaxations based on specific requirements.
"The state will generally follow the NMC guidelines. But relaxations will be sought whenever required by pointing out the state’s needs to the Centre,” he said. Relaxations are likely to be sought for two new medical colleges in Wayanad and Kasargod districts, citing “inadequate representation” of the region, sources said.
Senior advocate Sanjay R Hegde said a “total ban” on starting new medical colleges cannot be justified in the name of regulations and reiterated that establishing an institution is a fundamental right granted under the Constitution.
“The NMC Act was formulated to regulate medical education. In the garb of regulation, you cannot extinguish the right to create new professional medical colleges. The doctor-to-population ratio in India is nowhere near to what the world has. Irrespective of the region the medico hails from, he will be from India,” Hegde told DH.
“Medical education is not a commodity like cement or sugar where courts have imposed bans based on availability of raw materials,” Hegde added.