Solicitor General (SG) himself appeared for GOI (govt of India) today, (I heard he was very unhappy how the juniors were handling the case.).... And when Mr. Gopal Subramanyam speaks entire judiciary listens!!!! He was supported by MCI lawyer throughout...
He began by saying that though Education is in concurrent list, Medical education per se is not like that. Here the MCI frames rules and GOI notifies in the official gazette and everyone has to follow it. There is no scope for any state to make laws on it. If any state has a problem then they can challenge it in their respective high courts. The MCI and GOI have decided and a policy is ready for a single window exam and a single window counselling.(It appeared to me that he had picked up and was arguing our petition entirely, or maybe he was briefed according to our ppetition...)
The judge then said that if that's the case then what is stopping u to make the policy, why have u come to court then. The MCI lawyer said that all the decisions have been made by supreme court always as far as medical education is considered. SG said that only TN state has objections and no one else so why should they suffer. He said that if we go into consultations now the matter will be delayed. So instead of govt level consultations, court should make every state a party and hear them out here, so this process is bypassed and more havoc is not played with the students.
He himself pointed out that as far as PG admissions are concerned everyone has a single syllabus as prescribed by MCI, and all objections of TN state or any other fail in case of PG admissions.
The judges picked on this and said that what u r proposing has far reaching changes, it is not correct to take a decision without involving all the states, instead of revamping entire medical education, govt. should go in phases. they should start first with PG only.
Judges said that the govt. and MCI should place the policy on record and all states will be made party and their views heard.
It is at that instant that Mrs. Indu Malhotra intervened and said that exam notification for PG is done in Sept. and their is no objection for PG - CET, the students are suffering.....etc.
This was picked up by SG who said that they will place on record policy for MBBS and do consultations with states and then notify it... but for PG they will notify it first within one week so that it is timely implemented and any objections, if at all will be dealt with later...
The TN lawyer was speechless as he didn't know what to say for PG... He kept saying that notification should not be done but till then it was too late and next case was called.
The matter to be listed after 1 week...
So for all practical purpose as far as PG is concerned the rules will be notified within one week and most probably single window councelling will also be done.
Since the case is not yet over, any discrepancy or error in policy etc. can be dealt with in next hearing (eg. some genuine proposals in our blog...)
A word of caution though... What happens if govt. doesn't notify??? We have hearing next week... But I think this should not be the case as MCI will press govt. that they have accepted in court... Also I heard that Health Secy. herself briefed SG regarding this...
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