Madras HC stays MCI's notification on common test for Pondy

Updated on: Saturday, December 10, 2011

The Madras High Court stayed a notification by the Medical Council of India prescribing a National Eligibility-cum-Entrance Test for admission to MBBS courses in Puducherry.
 
Justice N Paul Vasanthakumar granted the interim stay on a petition by the territorial government challenging MCI's December 21, 2010 gazette publication notifying the regulations of Graduate Medical Education (Amendment) 2010 Part(II).
 
In the petition, Puducherry Chief Secretary M Sathiyavathy said as per the notification the procedure for selection to MBBS course would be by single eligibility-cum- entrance examination.
 
The officer said the notification was issued as if the Centre had approved the amendment to the "Regulation on graduate medical education 1997.
 
"By a January 3 communication, the Union Health Ministry had said the MCI had not obtained its approval."
 
Claiming that the notification suffered "serious legal infirmity of lack of legislative competence and jurisdiction, unreasonableness and vagueness," the chief secretary contended that MCI had not afforded an opportunity to the union territory administration before amending and notifying the regulations.
 
It was highly arbitrary and illegal to conduct a common entrance test throughout India without reference to the different streams of education that were prevailing, she said, adding, the impugned notification was against social justice and Puducherry's policy decision.
 
Directing that the petition be posted along with other similar petitions, the judge directed notice be taken on behalf of the Union Health and Family Welfare Ministry.

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