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Is there a doctor in the house - (31 Aug 2015)



“The time schedule is required to be strictly observed”, the Supreme Court held, as it dismissed a petition by a medical college to increase the number of seats offered in its MBBS course for the academic year 2015-2016. The issue stemmed from the Medical Council of India rejecting the Petitioner's application for not having submitted the 'essentiality certificate' with the application, which itself was made one day after the final day for submissions. The Court opined that it was “too late in the day to direct inspection for the session 2015-16 as all the dates fixed in the time schedule are over and fixation of time schedule has a purpose behind it”. It instead directed the application be considered for the following academic year.

Relevant : The Medical Council of India, perennially portrayed as the pantomimic villain, has usually been on the receiving end of opprobrium. Deriding the rejection of applications in a 'mechanical manner' and its failure to perform its duty commensurately within time limits, Courts have been vocal in expressing a less than neutral train of thought on the MCI. Yet, they too have tread a meandering precedent. Time limits sometimes flexible sometimes absolute, a right to be heard at some stages but not at others, and differing rules for fresh applications and renewals, Court's have contributed to obfuscating an already contentious issue. Perhaps the next time MCI is summoned to the courtroom for not having consulted a crystal ball, it will prefer to gaze at the stars for some guidance. MANU/SC/0905/2015 MANU/SC/0958/2013 MANU/SC/0029/2005


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