New Delhi: The Supreme Court on Friday stayed a Kerala High Court judgment invalidating the common entrance examination conducted by the Kerala Private Medical College Managements Association.
A Bench of Justice R.V. Raveendran and Justice A.K. Patnaik said the admission process pursuant to the examination of the petitioner could go on and it should be completed by August 31 subject to the association giving 50 per cent of the seats to the government.
Earlier, senior counsel Dushyant Dave and counsel Haris Beeran submitted that the association had in the past entered into a consensual agreement with the government on seat-sharing.
The Bench issued notice to the Kerala government and other respondents in the special leave petition against the High Court judgment of August 17.
The High Court invalidated the entrance examination conducted by the association on the ground that the Admission Supervisory Committee had only supervised the examination and not conducted the examination by itself. Further, it had said that the association had not taken prior approvals from the supervisory committee on all aspects regarding the conduct of the examination. The High Court had directed the State of Kerala to take over the admission process and allot students from the government's Common Entrance Test.
Assailing this judgment, the association said it had entered into a consensual agreement with the government in the previous years, wherein the member colleges of the petitioner association agreed to give 50 per cent of the seats to the government, to be filled from the entrance test conducted by the government. The balance 50 per cent was to be filled by the entrance examination conducted by the petitioner association.
‘Students to be hit'
It said that 1,218 students had participated in the examination conducted by the petitioner and the future of all these students would be affected if there was any delay in the admission process. The admissions to 11 medical colleges for MBBS in the State had come to a standstill as a result of the writ petition filed by a single student.
The petitioner said that at every point of time, it had intimated the supervisory committee about the scheme of the examination, the date, place, and the manner in which it was to be conducted. The July 2 notification inviting applications for the examination was published in three leading newspapers, it was held on July 14, and the result was published on July 20. Contending that there was complete transparency in the procedure, the association sought quashing of the impugned High Court judgment and an interim stay of its operation.
Source: The Hindu
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