Telangana HC refuses to stay transfer of medical students whose seats in TRR Mahavir College were cancelled

Telangana HC Refuses to Stay Transfer of Medical Students Whose Seats In TRR, Mahavir College Were Cancelled

The Telangana High Court has refused to stay the reallocation of medical students to other colleges whose admissions had been cancelled by the National Medical Commission (NMC) in Telangana for want of adequate infrastructure.

The court gave the order in a petition filed by TRR College and Mahavir College seeking a stay on the shifting of students.

The TRR College’s counsel argued that the Medical Assessment and Rating Board (MARB) of NMC does not have the power to cancel the permission granted. If the students are shifted at this stage when classes began in January, they stand to lose.

Counsel for NMC Goranta Pujitha submitted to the court that major deficiencies had been noticed in the facilities of TRR in a surprise inspection conducted by NMC.

The inspection revealed that there was a faculty deficiency of 74 per cent and also resident and bed occupancy deficiency which cannot be condoned as the quality of medical education will be affected. The counsel argued that the scope of Judicial review was limited for the decisions of NMC.

Though orders of cancellation of the admissions were issued on August 5, 2022, TRR college waited till the last minute to move the court for the sole purpose of delaying the shifting of the students which cannot be entertained.

The counsel also brought to the court’s attention that similar pleas raised by TRR in an earlier round of litigation were not entertained.

The Mahavir College’s counsel argued that NMC does not have the power to cancel the permission granted. It is not advisable to shift the students at this stage at a time when the colleges began in January.

In reply, NMC counsel Goranta Pujitha maintained that major deficiencies were noticed in the facilities of Mahavir College in a surprise inspection conducted by NMC. The faculty deficiency was over 50 per cent.

After hearing both sides, the court said it was not granting a stay. Students have been permitted to be shifted to other colleges, subject to the outcome of the writ petitions.

Courtesy : Edex

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